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An immigration appeal is when you receive an unfavorable decision in your case from one authority and request to have another authority review the case. Don’t settle for an unfavorable immigration decision – get it appealed today!Can an Immigration Decision Be Appealed?
The direct answer is yes. If you’ve received a negative decision from an immigration judge in immigration court proceedings or an unfavorable decision made by any immigration officer or U.S. government official you can appeal. An appeal can be filed from an immigration judge’s decision by the person subject to deportation, the person’s legal representative or by the government authorities. Appeals are always subject to strict time limits and therefore it’s important to make sure an appeal is filed on time otherwise the opportunity to challenge a ruling will be lost forever.Types of Immigration Appeals
There are three main types of immigration appellate authorities: The Administrative Appeals Office, the Board of Immigration Appeals, and the United States Court of Appeals. Depending upon the circumstances of your case, you may have to submit an appeal only after you’ve been deported to your country of origin. Doing so can be significant because if you win, the government may be required to immediately allow you entry back to the United States.
The appellate process can become complicated, and to ensure a greater chance of having your appeal granted, you should consult a knowledgeable and experienced immigration attorney without delay.The Administrative Appeals Office
The Administrative Appeals Office (AAO), otherwise known as the Administrative Appeals Unit, is a sub-unit of the Department of Homeland Security (DHS). This office is responsible for reviewing appeals from United States Citizenship and Immigration Service (“USCIS”) denials of immigration applications and petitions.
Types of cases eligible for review from the AAO may include:
- Employment-based visa petitions (I-129, I-140)
- Applications for Temporary Protected Status
- Applications for inadmissibility waivers
- Applications for permission to reapply for admission into the U.S. after deportation
- Many other types of immigration cases normally filed with USCIS offices.
You must file a Notice of Appeal or Motion, Form I-290B, within 30 days of receiving your decision.The Board of Immigration Appeals (BIA)
The Board of Immigration Appeals (“BIA”) is responsible for managing the rules and regulations of the Immigration and Nationality Act (INA) laws. In addition, the BIA is granted the authorization to review any decision made by immigration judges and the Department of Homeland Security nationwide. The BIA is a part of the United States Department of Justice.
You may submit a Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer, Form EOIR-29, within 30 days if the U.S. Citizenship and Immigration Services (USCIS) decided to deny your Petition for Alien Relative, Form I-130.
You may submit a Notice of Appeal from a Decision of an Immigration Judge, Form EOIR-26, when you are appealing a decision made by an immigration judge, usually pertaining to a decision in removal proceedings.
Cases that may be appealed include:
- Inconsistencies among the rulings
- Need to establish a precedent
- Need to review a clearly mistaken factual determination
You can appeal to the Federal Court of Appeals only if you meet certain conditions. For example, this type of Court does not take on any type of immigration case. Rather, your case must have grounds for potential constitution violations and/or questions of the law. The Federal Court of Appeals can also challenge any decision made by the BIA. There are 12 federal circuit courts spread across geographic regions of the United States. The federal court that oversees all federal cases in Nevada is the United States Court of Appeals for the Ninth Circuit.
You can submit an appeal to the federal court based on:
- Final order of removal
- Denial of naturalization application from the USCIS
- Unlawful treatment in immigration custody
- Submitted valid application or petition that has been unreasonably delayed by the USCIS (180 days or more)