Doraville Immigration Appeals Lawyer

Getting an adverse decision in immigration court or from the United States Citizenship and Immigration Services (USCIS) might feel like the end of your visa application, but that is not always the case. There is a system for appealing these decisions with the help of a skilled immigration attorney.

If you are facing a negative outcome, a Doraville immigration appeals lawyer is ready to help. There are different paths to challenge these outcomes, and success is never guaranteed. However, many people secure a favorable outcome on appeal each year, which makes the effort worthwhile.

What Can Be Appealed?

An appeal is a request to a higher court to review the decision made by a lower one. When a person is unhappy with the outcome of a petition or other immigration case, they may be able to ask for that outcome to be reviewed at a higher level with the help of a Doraville immigration appeals attorney.

Not every decision is up for review, but many of the most common outcomes are. Helpfully, the original decision will provide answers on the right to lodge an appeal or not. Some examples include the following:

• Green cards
• Naturalization
• Immigrant visas
• Deportation orders
• Adjustment of status

There is also a time limit for appealing these decisions, and the chance for review is gone the moment it expires. An immigrant is required to file a notice of appeal within 30 days of the date the petition is denied.

The Appeals Process

Filing the notice of appeal initiates this process. In addition to providing formal notice to the Board of Immigration Appeals, it also informs them of the reasons an immigrant is seeking a review. The grounds must be clear to avoid early dismissal.

This process is largely carried out in writing. Unlike a criminal trial that takes place before a judge and jury, disputes over the results of an immigration appeal involve motions and other writings. There is the option to ask for oral arguments, but the BIA rarely grants those requests.

The next phase takes time, as the appeal cannot continue until the filing party has the transcript and record on appeal. This is usually not received until six to 18 months after the notice is filed. From there, an immigration appeals attorney in Doraville only has 21 days to submit a written brief.

The brief is vital to the immigrant’s argument. It should highlight all of the reasons why the original decision was a mistake and should not be allowed to stand. Because of the lack of oral arguments, this brief is generally the only chance for making a case for reversal.

The record that is submitted to the BIA is important, given that the body cannot conduct investigations or establish new facts. Their decisions are generally made based on the record in front of them. If the BIA rules against an immigrant, there is a final option of appealing to federal court.

Talk to a Doraville Immigration Appeals Attorney Today

If you have received an unfavorable ruling from USCIS or an immigration judge, you might still have a chance at success through an appeal. Before you begin that process, it is vital that you speak with a Doraville immigration appeals lawyer from our firm. They could give you a clear picture of your chances of success. Schedule a consultation today.