If an immigration judge has made a decision in your case that you disagree with, you have the right to appeal the decision to a higher court, the Board of Immigration Appeals. You should request an appeal if you believe that the decision made in your case should be reviewed by an authority other than the one that made the initial decision.
About BIA Appeals
The Board of Immigration Appeals (BIA), an office within the Department of Justice, makes the decisions on all appeals from immigration courts around the country. It is the highest administrative body that interprets immigration laws, and its decisions are binding on immigration judges and Department of Homeland Security officers.
The majority of the appeals reviewed by the BIA are on decisions regarding orders of removal applications for removal relief. For the most part, BIA appeals decided through “paper reviews” instead of courtroom proceedings.
Who May File an Appeal
In general, it is the petitioner who must file the appeal, not the beneficiary of the petition. This means that if you are the relative of a U.S. citizen or lawful permanent resident who has filed a petition on your behalf, they must be the one to appeal the decision. The beneficiary may only file an appeal if they are also the petitioner, such as a widow(er) of a U.S. citizen.
There are several reasons to appeal to the BIA, including:
– Not all of the evidence in your case was considered
– Evidence was considered that should not have been
– You believe the judge misinterpreted the law
– Something unfair or extreme happened in your hearing
When to File this Form
The Board of Immigration Appeals has jurisdiction over specific types of immigrant petition appeals. These include appeals of the Petition for Alien Relative (Form I-130) and the Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) when filed by a widow or widower. If you are appealing decisions made on either of these petitions, you will appeal to the BIA.
Appeals on decisions made by USCIS regarding these petitions are filed using The Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer (Form EOIR-29). Most other appeals are submitted through the Administrative Appeals Office (AAO), an office of USCIS.
You generally have 30 days after the decision date to file an appeal. Note that this does not mean 30 days after you receive the decision. There are a few exceptions, but the decision that you receive will inform you of how much time you have to file an appeal.
How We Can Help
Youngblood & Associates will assess your case, investigate the decision you receive from USCIS, and provide you with superior legal representation if you decide to appeal the decision. We will guide you through the entire process and keep you on track with all filing deadlines to ensure that you are in the best position to appeal the decision. We are very familiar with the appeals process and experienced in taking cases to the Board of Immigration Appeals. We will be diligent and efficient in fighting for your case.
Not sure what you need?
Call our office today at 931-274-7811 to schedule your FREE first consultation or complete a service inquiry form to get your process started today.