The U.S. immigration process can be lengthy and complicated, with many forms to complete and documents to supply. Even when you do everything right, your application still may get denied.
Fortunately, in most cases, you can appeal an unfavorable result. However, filing a successful appeal requires expertise in immigration law and procedure. Knowing how an immigration attorney handles appeals can help you decide if an attorney can help with your case.
Figuring Out If You Have Grounds for an Appeal
The first thing an immigration attorney does after you receive a denial of an application or petition is thoroughly review the decision. They will analyze the denial notice issued by the U.S. Citizenship and Immigration Services (USCIS) or the immigration judge. The notice is required to explain the reasons your case was denied.
Some common reasons for denial include:
Submitting incorrect or incomplete information- Failing to include necessary supporting documents
- Not meeting eligibility requirements
- Having issues in your background such as prior immigration violations
The attorney determines if there were any factual or legal mistakes in the decision. They check if there is a strong argument that you actually do meet the eligibility requirements based on the existing records and evidence.
If simple mistakes, oversights, or a misinterpretation of regulations caused the denial, you likely have grounds for an appeal. The attorney can then start preparing your appeal filing.
Preparing the Appeal Documents
The next step is for your immigration lawyer to file formal notice that you are appealing the decision. This is typically Form I-290B for USCIS denials or Form EOIR-26 for immigration court rulings.
These forms must be submitted within 30 days of receiving the decision, so acting quickly is essential. The notice of appeal will be submitted along with any applicable fees.
After filing the notice, your attorney’s most important task is to draft the appeal brief. This legal document, sometimes called a memorandum of law, lays out the arguments and evidence supporting your appeal.
It will contain sections such as:
- Background statement of the case facts
- Procedural history including relevant dates
- Legal authorities such as statutes and regulations
- Detailed explanation of the grounds and reasoning for the appeal
- Supporting documentation and exhibits
Creating an effective brief requires extensive knowledge of applicable immigration law and precedent decisions in similar cases. Your attorney will research previous relevant cases and interpret the complex statutes and policies around your specific situation.
The goal is to show precisely where the original deciding officer or judge committed an error that warrants reversing the decision. Common appeal arguments include:
- Misapplication of laws or regulations
- Failure to consider relevant evidence
- Denial of due process rights
- Arbitrary and capricious decision-making
Your attorney utilizes their expertise to identify the improper or unjust grounds for denial and frames legal arguments around those specifics. They bolster the arguments by compiling documentation, expert opinions, and fact-witness statements.
Submitting and Monitoring the Appeal
Once the well-researched and documented brief is complete, your lawyer submits it along with supporting materials to the appeals agency.
For USCIS denials, appeals go to the Administrative Appeals Office (AAO). Immigration court decisions get appealed to the Board of Immigration Appeals (BIA).
The AAO or BIA then thoroughly reviews the appeal documents and determines if errors were made. They issue a written decision explaining if they agree with the appeal arguments or uphold the original denial. The appeals board can also send requests for additional information or evidence before making a final ruling.
Your attorney consistently monitors your appeal and responds promptly to any requests from the reviewing board. Most appeal decisions come within six months, but some complex cases take over a year. Your lawyer follows up as needed to press for a determination.
If the AAO or BIA ultimately denies your appeal, your attorney will analyze if escalating to a federal court review could overturn the decision. They counsel you on the estimated time, costs, and probability of success of continuing appeals.
If no further legal options remain, they explain the potential consequences and discuss alternatives such as reapplication or petitioning on new grounds.
Why Legal Expertise Is Essential
The appeals process has strict deadlines and requires mastery of intricate laws and court rulings. Even minor procedural flaws can ruin the chances of an appeal.
Let an immigration law professional handle building your strongest case, submitting persuasive briefs, communicating with reviewing agencies, and advocating for you at every phase. Their experience with appeals helps avoid easy mistakes and maximize the chances of the decision getting overturned.
With so much on the line, including your residency, work status, and even ability to stay united with family, make sure you have the top-notch legal representation that only an immigration attorney can provide.
Turn to Pride Immigration for Support With Your Appeal
Pride Immigration’s attorneys have helped numerous clients appeal and reverse unfavorable USCIS and immigration court rulings. We know how to handle this complicated area of immigration law.
If your case was denied due to application errors, lack of documentation, eligibility questions, or other reasons, we can analyze your options. If warranted, we’ll handle your appeal from start to finish.
Contact us today at (703) 594-4040 or online, and let us help you get your case back on track.
Beeraj Patel, Esq.
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