If you have submitted an immigration application or have another issue and you have received an unfavorable decision, it is critical that you do not give up. While it may seem as though there is little you can do, you do have options. You may be able to file an appeal, but the process is sometimes long, arduous, and complex. Our Chicago immigration appeals lawyer can advise you of what those are and guide you through the process so you have the best chance of obtaining a favorable outcome.
There are different agencies that handle immigration appeals in the United States. They include the Board of Immigration Appeals (BIA) and the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Services (USCIS). The BIA handles appeals pertaining to the following:
The AAO handles appeals pertaining to:
When appeals at this level are not successful, people sometimes appeal their cases to the United States Circuit Court of Appeals. There are many different actions that could be filed with the Court of Appeals during the immigration process. These include APA actions, mandamus actions, and habeas corpus petitions. All of these are complicated legal actions, and it is critical that you work with a Chicago immigration appeals lawyer who can help you through the process.
You must take action as soon as you receive an unfavorable decision on your immigration matter. Typically, you have only 30 days to file your appeal. If you have not yet worked with an immigration attorney, it is important that you do so before filing your appeal.
A lawyer will review your initial application or proceeding and will identify the reason for the denial, build a strategy for moving forward with your appeal and collect information they will present as part of your case. Every immigration situation is unique, and a lawyer will approach your appeal with a fresh perspective regarding the facts involved in your case.
The majority of appeals involving the BIA or the AAO depend largely on written briefs that are filed with the courts and not oral arguments. As such, you need to work with a lawyer who can draft effective and persuasive appellate motions.
It is very stressful to learn that your immigration application has been denied or that the government is moving forward with removal proceedings. Fortunately, the immigration law and procedure in the country do provide an avenue for appeals. At Sverdloff Law Group, our Chicago immigration appeals lawyer can help you navigate the process so you have the best chance of obtaining a favorable outcome. Call us now or reach out to us online to schedule a consultation and learn more about how we can help.