If you or someone you know has lost their immigration court hearing, or whose immigration application has been denied, they can appeal the decision. Our immigration appeals lawyers handle appeals of all types of immigration matters — from deportation orders by immigration judges to denials of visas.

Some cases, such as Removal (or deportation) orders are appealed to the Board of Immigration Appeals. Denials of visas and petitions by the USCIS are appealed to the AAO (Administrative Appeals Office). These appeals most often have a 30 day limit to file. If appeals are not filed within this time frame, then any appeal rights are lost.

If after appealing to the BIA, an immigrant loses such an appeal, they may further appeal to the federal court in the jurisdiction where their case was presented, by submitting a Petition for Review. Federal courts have jurisdiction to review most decisions by the BIA as well as some matters pertaining to the USCIS. However, if a person is facing imminent deportation or is in immigration custody the Petition for Review should be accompanied with a Stay of Removal, to prevent the person from being deported.

The Board of Immigration Appeals (BIA)

The Board of Immigration Appeals considers appeals pertaining to:

• Deportation orders,
• Withholding of removal,
• Asylum (other than credible fear and reasonable fear determinations),
• Reopening of immigration cases, and
• Denial of immigration bonds

The Administrative Appeals Office (AAO)

The Administrative Appeals Office (AAO) considers appeals of decisions made by U.S. Citizenship and Immigration Services (USCIS). These may include:

• Most employment-based immigrant and non-immigrant visa petitions;
• Applications for Temporary Protected Status (TPS);
• Family based petitions such as spouse, fiancee and other relative petitions
• Applications for waiver of a ground of inadmissibility (601 and 601a) waivers
• Applications for permission to reapply for admission after deportation (I-212 waivers); and
• T and U visa denials

Appeals to Federal Court

Most negative decisions made by the Board of Immigration Appeals (and some USCIS decisions) can be further appealed to the federal appellate court of the jurisdiction where the case was filed.

Ahmad & Associates handles cases in the 3rd and 4th circuit, but with permission, we can handle cases in other jurisdictions throughout the United States as well.

Appeals of “Credible Fear” and “Reasonable Fear” Determinations

If an alien has received a negative finding on his “credible fear” or “reasonable fear” interview, he or she may appeal this to an immigration judge. An immigration judge can, after re-interviewing the alien, vacate the order of deportation and place the immigrant in regular removal proceedings. Once this is done, the alien can then file for asylum. On the other hand if an immigration judge agrees with the asylum officer’s finding, then the alien will be deported. After this, there is no further right to appeal.

Speak with an Immigration Appeals Lawyer

If you’d like to speak to someone about an immigration appeal, contact Ahmad & Associates.