Receiving an adverse ruling on your immigration case can be a very stressful and overwhelming experience; however, you have a right to retain legal representation to help you appeal the adverse decisions with the USCIS Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA). Immigration Appellate law is very complex, hiring the right Attorney is crucial and could mean the difference between your realizing your American Dream and Deportation. Our team at Lewis Law is will represent you throughout the appeals process and fight aggressively to achieve the best results.
The filing deadline to appeal your case has requires a very quick turnaround. In most case you a very limited window of opportunity to file your appeal, generally 30 days or less in some cases. It is very important to contact an Attorney at Lewis Law to take action on your case immediately. We can represent you in any type of appeal, including denial of an immigrant petitions and deportation.
Appealing Immigration Rulings
An appeal is not necessarily a new hearing; however it provides an opportunity to introduce new evidence which the judge will examine the ruling and the evidence to determine whether the decision was arrived at by following proper procedure. If it appears that you were given an unfair hearing, the judge my order a new one or may issue a new ruling. In the event that your first appeal is unsuccessful, it may be possible to go to a higher court. At Lewis Law we strive to provide you with experience and effective representation to help you secure the ruling that you deserve.
The AAO has appellate jurisdiction over approximately 50 different immigration case types filed with U.S. Citizenship and Immigration Services (USCIS) field offices, as well as certain Immigration and Customs Enforcement (ICE) determinations.
Call us today at (954) 530-1717 for all your immigration needs.
The AAO does not consider appeals in the following scenarios:
- (a) Rejected Applications and Petitions
A field office’s rejection of an immigration benefit request may not be appealed to the AAO. When USCIS rejects an immigration benefit request, it does not retain a filing date, and there is no merits-based decision for the AAO to review.
- (b) Abandoned Applications and Petitions
Field office denials of an immigration benefit request as abandoned, administratively terminated, or administratively closed may not be appealed to the AAO. However, appellants may file a motion to reopen the field office decision.
- (c) Withdrawn Applications and Petitions
A field office’s acknowledgement of a withdrawal of an application or petition may not be appealed to the AAO.
- (d) Denied Motions to Reopen or Reconsider
An appellant may not appeal a field office’s unfavorable decision on a motion to reopen or reconsider unless the field office’s original decision was appealable to the AAO.
Motions We Handle
Motions to Reopen
A motion to reopen must state new facts in your case and be supported by documentary evidence. Previously provided evidence will not meet the requirements of a motion to reopen.
Motions to Reconsider
A motion to reconsider must establish that the AAO based its decision on an incorrect application of law or policy, and that the decision was incorrect based on the evidence in the record of proceedings at the time of the decision and it must be supported by a pertinent precedent or adopted decision, statutory or regulatory provision, or statement of USCIS or Department of Homeland Security policy.
Service or Sua Sponte Motion
The AAO may reopen a proceeding or reconsider a decision on its own motion (sometimes called a Service motion or a sua sponte motion). If the AAO reopens on its own motion and the new decision may be unfavorable to the appellant, the AAO will notify the appellant and provide 30 days to submit a brief.
If the Administrative Appeals Office (AAO) issues an unfavorable decision, with the help of Lewis Law we may file a motion to reopen the proceeding, a motion to reconsider the decision, or a combined motion to reopen and reconsider. The AAO may also reopen a proceeding or reconsider one of its prior decisions on its own motion.
The Executive Office for Immigration Review (EOIR) decides immigration cases, and if you wish to appeal your decision, you will need an Attorney at Lewis Law to assist you in these cases. The Board of Immigration Appeals (BIA) has nationwide jurisdiction to hear appeals from certain decisions rendered by immigration judges and by district directors of the Department of Homeland Security (DHS) in a wide variety of proceedings in which the Government of the United States is one party and the other party is an immigrant, a citizen, or a business firm. The BIA decisions are binding on all DHS officers and immigration judges unless modified or overruled by the Attorney General or a federal court. The BIA hears of Appeals of Form I-130, Petition for Alien Relative which fall under the appellate jurisdiction of the BIA. The BIA also has jurisdiction over appeals of immigrant petitions that widow(er)s have filed using Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
Filing with the BIA
Filing – To appeal your case with the BIA is a very meticulous process, the team a Lewis Law guide you through the process, your case will be mailed to BIA in Falls Church, Virginia that we will submit via the mail. The paperwork and fees must adhere to the strict BIA policy, we take the guess work our experience Attorney will strategize and formulate the best legal argument to get your case approved for approval and site the laws that support your circumstances. The time to file your appeal is very limited, our appeal has to reach the BIA office within 30-days of the judge’s denial decision. Therefore, it is crucial that you act immediately to ensure that the proper paperwork is submitted on time without missing the filing deadline