Immigration Appeals Attorney Guiding Clients Through the Immigration Appeals Process

The anticipation surrounding an immigration decision can evoke frustration and anxiety. Often spanning several months, these review periods hold the key to your future plans. However, a denial doesn’t necessarily mark the end of the road.

Upon receiving a denial letter, take swift action by contacting Delgado Avalos Law Firm. Prompt consultation with an attorney can expedite the appeal process. Immigration appeals can be intricate, and it’s crucial to verify your eligibility for appeal and assess the grounds. Our accomplished legal team is ready to guide you through this process and guide your ensuing steps.

What Is an Appeal?

Appeals seek the reconsideration of an unfavorable decision by a higher authority. Your immigration appeal will typically be routed to either the Board of Immigration Appeals or the Administrative Appeals Office of the U.S. Citizenship and Immigration Services. It’s crucial to direct your appeal to the appropriate office, given their jurisdiction over specific immigration cases.

It’s imperative to recognize that not all denials warrant appeals. When an appeal is unviable, alternatives like motions to reopen or reconsider might be explored. The former pertains to situations where fresh facts, unknown during the initial review, emerge. Meanwhile, the latter is akin to an appeal, requesting a fresh review due to potential errors or omissions.

Can You Appeal an Immigration Decision?

In many cases, it is possible to appeal an immigration decision. Generally, the letter that you receive informing you of the denial will tell you whether an appeal is possible. If so, you need to be able to show that a legal error was made in the review of your case. An attorney is the best resource to help you understand if this actually happened because many denials are legitimate. If an appeal isn’t possible because you don’t have legal grounds, you may still be able to avoid removal proceedings or gain legal status through other means, such as seeking a different type of visa or a waiver. If you’re not sure whether you are allowed to appeal your immigration decision, speak to an experienced immigration attorney at our firm.

Which Types of Decisions Are Final?

The possibility of appealing isn’t universal, as some cases culminate in final decisions. Certain immigration determinations, such as rejections of immigration benefits requests or non-immigrant visa decisions, aren’t subject to appeal. This category encompasses visas for temporary stays, like those for students, athletes, employees, performers, and other individuals intending temporary visits. The same applies to U and T visas. While appeal may not be an option in these scenarios, alternatives like motions to reopen or exploring alternative immigration pathways remain possible.

Do I Have to Pay to File an Appeal?

When you file an appeal, you will need to pay a filing fee. This fee is considered a “processing fee,” which means paying it is unrelated to your decision. You cannot get a refund if your appeal is denied or you decide to withdraw it. Thus, engaging an attorney before commencing an appeal is crucial, particularly considering the substantial filing fees that could be wasted in the face of a probable denial. As of 2023, the filing fees for appeals are:

• Form I-290B, Notice of Appeal or Motion: $675
• Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings: $700
• EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer: $110

If you have questions about whether an appeal is worth the risk of loss, talk with an immigration attorney. You may also be able to file a waiver to avoid paying the appeal filing fee, depending on your financial situation.

How Long Does an Appeal Take to Be Reviewed?

In most cases, the appeals process can be very slow once you do submit. It’s not unusual for the Administrative Appeals Office to take at least 2 years to review a case, and in situations where additional documentation is requested or a case has more factors to consider, it could take even longer.

What Happens With My Case While I’m Waiting for the Appeal?

Once you file an appeal, you will be able to stay in the United States until the case is settled. However, this doesn’t necessarily mean that you have legal work authorization. Engaging in permissible activities during the appeal period necessitates careful consideration to safeguard your case’s integrity.

Get help with your immigration appeal when you call Delgado Avalos Law Firm at 805-793-0647. A member of our legal team will go through our intake process and make sure that our firm is a good fit for your case. If you decide to move forward, we can start working on your case right away.