The Immigration Appeals Process

Many people apply for United States visas, and while most times the process is successful, sometimes a visa is denied. In some cases, when this happens, the applicant has the option to appeal. If you were denied a visa, it may be in your best interest to consult with a qualified immigration attorney to learn about the immigration appeals process.

The Board of Immigration Appeals

The Board of Immigration Appeals (BIA) is a division of the U.S. Department of Justice. It is responsible for the interpretation and application of immigration laws. The BIA includes a group of judges and others under the United States Department of Homeland Security (DHS). The BIA is responsible for hearing immigration appeal cases and other matters related to immigration. If your appeal is denied through the BIA it may be possible to appeal through the U.S. Court of Appeals.

Reasons for an Immigration Appeal

In order to appeal an immigration decision you must have a valid reason. Simply disagreeing with the decision is not enough. You must be able to provide facts that challenge the legal validity of the decision. Your attorney will review the details of your case to determine the basis by which you can make a challenge. The appeal must provide details of the reason for the appeal, including the specific statutory grounds that apply to your case.

Filing an Appeal with the BIA

If your case qualifies for an appeal, it must be filed no later than 30 days after the original decision. The applicant must file a Notice of Appeal, called an EIOR form. There are various types of appeal forms depending on the type of decision you are appealing. Your attorney will assist you with filing the appropriate form.

Administration Appeals Office Reviews the Case

Cases that involve employment based petitions, non-immigrant worker petitions, and other matters are heard by the Administration Appeals Office (AAO). The AAO reviews each case to determine whether there is merit for it to be reopened. There must be evidence supporting new facts in the case that were not available at the time of the initial hearing.

Disagreement with Board of Immigration Appeals Decisions

If an appeal has been denied by the Board of Immigration Appeals, it may be possible to take the matter to the U.S. District Court or the U.S. Circuit Court of Appeals. Cases must meet specific criterion in order to be appealed to these courts. If your case meets these conditions, an appeal must be filed in the appropriate court within 30 days.

If your visa was denied you may be able to appeal the decision if you act quickly. Contact the skilled legal team at Udall Shumway PLC to schedule a consultation today.

This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Immigration Appeals, or other Immigration Law matters, please feel free to contact Phil D. Ortega at 480.461.5330, log on to udallshumway.com,  or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.