Immigration Appeals
Providing you with a second chance to make your case for immigration
Immigration Appeals Attorney
Has An Immigration Judge Denied Your Petition?
If an immigration judge or immigration authority has denied your petition, it may not necessarily signify the end of your options. In fact, certain decisions can be challenged through an appeal to the Board of Immigration Appeals (BIA), which holds the authority to review and potentially overturn decisions issued by both Immigration Courts and the Department of Homeland Security. This means that there may still be avenues available for you to pursue your immigration goals despite the setback.
It is important to understand that appeals are subject to strict filing deadlines and procedural requirements, making it vital to take timely action. Jing (Linda) Lin works directly with clients to meticulously review adverse decisions, explain whether an appeal may be feasible, and assist with the preparation and filing of all necessary appeal documents to ensure that your case is presented effectively.
If you have recently received an unfavorable immigration decision, scheduling a consultation as soon as possible can be instrumental in helping you understand your available options and the appropriate next steps to take in addressing your situation. Taking prompt action can make a significant difference in the outcome of your case.
Call Law Office of Linda J. Lin, P.C. at 888-209-3566 to schedule a consultation with a lawyer today.
What Will Happen in the Appeals Process?
In most cases, an appeal to the Board of Immigration Appeals (BIA) must be received within 30 days of the immigration judge’s decision. It’s crucial to adhere to this timeline because missing this deadline can result in the automatic loss of the right to appeal, substantially limiting one’s options for legal recourse. The appeal process generally involves the submission of a comprehensive written legal brief, which meticulously outlines the reasons why the original decision should be reconsidered, taking into account the specific facts of the case and relevant legal statutes.
After the BIA thoroughly reviews the appeal and examines the complete record from the Immigration Court, it will subsequently issue a decision regarding the case. The Board may choose to affirm the original decision, meaning the initial ruling stands, or it may decide to remand the case, sending it back to the immigration judge for further proceedings and consideration. Importantly, in many situations, individuals appealing a decision are allowed to remain in the United States while their appeal is still pending, which offers them some measure of security during what can be a lengthy process.
Jing (Linda) Lin plays a vital role in this challenging landscape, working directly with clients to meticulously prepare and file immigration appeals. She also provides valuable insights to help clients understand what to expect throughout each step of the process. If you are contemplating an appeal, scheduling a consultation promptly can be immensely beneficial, as it can help you grasp important deadlines, navigate complex procedures, and explore all available options tailored to your unique situation.
What If the Board of Immigration Appeals Denies My Appeal?
In some situations, a decision by the Board of Immigration Appeals (BIA) may be further reviewed by a U.S. Court of Appeals. This step generally requires filing a Petition for Review within 30 days of the BIA’s decision. As with prior appeals, this process involves written legal briefs submitted to the court, and in certain cases, oral argument before a panel of judges may be permitted.
Federal court review is governed by strict rules and deadlines, and not every case qualifies for this level of appeal. Jing (Linda) Lin works directly with clients to evaluate whether federal court review may be available and to explain the process involved.
If your appeal has been denied by the BIA, scheduling a consultation promptly can help you understand whether further review may be an option and what steps must be taken next.
Need Help With Immigration Matters?
Call The Law Office of Linda J. Lin, P.C. at 888-209-3566 today to get trusted guidance from an experienced immigration attorney who understands the complexities of U.S. immigration law.
