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The Board of Immigration Appeals (BIA) is located in the Executive Office of Immigration Review at Falls Church, Virginia. It is the “highest administrative body for interpreting and applying immigration laws.”
Although the BIA hears oral arguments on rare occasions, its 15 board members are mainly responsible for reviewing the decisions of lower courts that are on appeal. This includes decisions from U.S. Citizenship and Immigration Services (USCIS), immigration court judges, and Department of Homeland Security (DHS) bureau offices.
The BIA hears a variety of cases, including those pertaining to:
- Orders of removal/deportation
- Applications for relief from removal/deportation
- Alien exclusion from legal entry into the United States
- Motions to reopen or reconsider proceedings
- Petition denials by the USCIS
If you are interested in learning more about immigration appeals and whether this may apply to your case, now is the time to talk to a Phoenix immigration lawyer at Maria Jones Law Firm. We are experienced and actually care about our clients and their futures. With advanced technology and the know-how to effectively file appeals for a wide range of immigration issues, we can deliver the quality legal representation you need.
Call (602) 603-4032 today for a free, confidential review of your case by our skilled attorneys.
Submitting an Appeal to the BIA
After an immigration judge renders his decision, either orally or in writing, a party has the option of filing an appeal with the Board of Immigration Appeals, an administrative agency within the United States Department of Justice. Once the party files this appeal with the BIA, the lower court is divested of its jurisdiction.
Once the BIA makes a decision, it is legally binding, meaning that all immigration judges and DHS officers must comply with the board’s decision (unless the decision is overturned in federal court because of a lower court’s procedural violation). The U.S. Attorney General may also overturn a decision made by the BIA
What Is an Immigration Appeal?
If you’re unhappy with the decision ruled in your case, you have the right to appeal it. As defined by USCIS, “an appeal is a request to a different authority to review a decision.”
If you choose to take this route, your request will be reviewed by the Board of Immigration Appeals (BIA), as mentioned above. Please note that only the petitioners themselves can file an appeal; generally speaking, beneficiaries cannot file.
In most cases, you must file the appeal within 30 days of the decision. Please note, this is NOT the same as the date that you received the decision; rather it’s the date on which the decision was officially made. In certain cases, people will have only 15 days to appeal the decision—consult an attorney to make sure you’re following the correct deadline.
While there are no extensions for these deadlines, an additional three days is provided to all parties who receive their decisions by mail, bringing the deadlines to 33 days and 18 days respectively. Failure to act within these deadlines means you forfeit your right to appeal.
Any experienced immigration appeals attorney in Phoenix, Arizona or elsewhere will advise that there is no time to wait when a certain immigration decision is ruled against you. You need to act before the window of opportunity is closed.
To file a successful appeal, you and your Phoenix immigration appeals attorney will have to work together to establish that the previous (unfavorable) decision was made due to an error, a prejudice, an administrative mistake, or an inexperienced attorney’s mishandling of your case.
How to Appeal: To appeal your case, you’ll need to file a Form I-290B, Notice of Appeal or Motion. This form should be used to file:
- An appeal with the Administrative Appeals Office (AAO)
- A motion with the USCIS office (AAO, field office, or service center) that issued the most recent decision in your case; or
- Certain appeals of the ICE Student and Exchange Visitor Program for the denial of an Immigration and Customs Enforcement Form I-17, Petition for Approval of School for Attendance by Nonimmigrant Status.
*The Form I-290B should not be used for any of the following:
- Appeal of decision pertaining to special immigrant workers and temporary residents under sections 201 and 245A of the Immigration and Nationality Act; instead, use Form I-694, Notice of Appeal of Decision Under Sections 210 or 245A of the Immigration and Nationality Act
- Appeal of decision pertaining to special immigrant workers and temporary residents under sections 201 and 245A of the Immigration and Nationality Act; instead, use Form I-694, Notice of Appeal of Decision Under Sections 210 or 245A of the Immigration and Nationality Act
- Appeal of decision on N-400, Application for Naturalization; instead, use Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings
How Long Does It Take for an Appeal to Get Approved?
Generally speaking, the AAO will complete the appellate review within 180 days of receiving the full case file. However, extenuating circumstances may extend this process, so be sure to consult with a Phoenix immigration attorney on the personal timeline of your case.
You can also check the status of your appeals case by calling (800) 898-7180. By dialing this number, you can learn the status of your appeal due date, along with the brief due date, and the decision outcome/date.
What Happens After an Appeal Is Granted?
If your appeal is granted, you will receive an appeal decision from the AAO by mail. Any representative of record will also receive the appeal decision, which is considered effective and final from the date it has been issued by the AAO.
You can count on the Phoenix immigration appeal attorneys at Maria Jones Law Firm to handle your case in the most efficient and professional manner possible. Please call (602) 603-4032 today.
Can Immigration Matters Also Be Appealed to A Federal Court?
Certain decisions by the BIA as well as USCIS may further be appealed to the federal appellate court (of appropriate jurisdiction).
Why Hire Phoenix Immigration Appeals Attorneys?
As an immigrant, you have the right to represent yourself during an appeal. But, the rules and time limits involving both the BIA and AAO appeals are complex. You need to follow them to the letter to increase your chances of success. Also, both the BIO and AAO are bound by earlier court cases and decisions; such cases and decisions can vary depending upon the state where they were rendered. Prior decisions and court cases often involve complex interpretations of the constitutional law. They must be carefully researched by an experienced team of legal eagles and argued. Thus, most immigrants are better off having a trusted and experienced attorney handle their immigration appeal.
Have you received an unfavorable decision concerning your immigration status? Don’t worry. This isn’t over. At Maria Jones Law Firm, our Phoenix immigration appeals lawyers are often called on to file appeals in Phoenix and all through the southwestern U.S. Our attorneys can help you overturn a ruling (about which you have reasons to believe that it is unfair) that directly or indirectly jeopardizes your immigration status.
Contact the Best Phoenix Immigration Appeals Attorneys Today
Maria Jones Law Firm is solely focused on various immigration laws. We handle numerous immigration appeals every month and have extensive legal expertise, proven administrative know-how and years of experience in handling such matters.
If you’d like to know whether you have grounds for an appeal, you can speak with one of our Phoenix immigration appeals attorneys today. Our team of immigration law experts will review and discuss your case.
Don’t wait any longer to get started on your immigration appeal. It’s not a problem if you didn’t hire MJLF to represent you during the initial immigration process. We are here to assist you with your appeal. Our immigration attorneys are often called on to remedy the mistakes of inexperienced lawyers who lack the expertise in handling such matters.
Call (602) 603-4032 today to book a free consultation.
Our multicultural team includes immigrants from different parts of the world. As attorneys, we have seen both sides of the coin. Our team members speak multiple languages, including but not limited to English, Spanish, and Russian. We have extensive experience in handling complex immigration situations.