Do I Need a Lawyer to File an Immigration Appeal?
While an immigration appeals lawyer is not required, you will get the best outcome possible if you work with an attorney. Your immigration lawyer should be authorized to appeal before the Executive Office for Immigration Review (EOIR). They must also file an Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals (Form EOIR-27).
Because of the deadlines and necessary legal language associated with immigration appeals, it’s best to work with an attorney who can ensure your appeal meets all necessary requirements. If you fail to include any necessary information in your appeal, it may be delayed or dismissed altogether.
The immigration appeals lawyers at Spolin Law P.C. are here to listen to your situation and offer guidance through your case. Call us today at (310) 683-4871.
How To Appeal an Unfavorable Immigration Decision
Appeals to decisions made by an Immigration Judge should be filed with the Board of Immigration Appeals on an Appeals Form EOIR-26.
A Notice of Appeal from a decision of an Immigration Judge must be filed within 30 calendar days after the judge’s oral or written decision. If a Notice of Appeal is not received by the deadline, it will likely be dismissed.
When completing the Notice of Appeal, you must complete all questions completely in English only. The form must also be signed. If a translator is used, a translator’s statement must be completed.
Appealing from a USCIS Decision
If you received a denial of Form I-130 petition for a relative/family member or a Form I-360 petition for Amerasian, Widow(er) or Special Immigrant, then the U.S. Citizenship and Immigration Services (USCIS) will make a decision on your case.
If you want to appeal a decision made by the USCIS, you must use an Appeals Form EOIR-29. These appeals request review of a decision from a Department of Homeland Security (DHS) Officer and must be filed within 30 days after the service of the decision.
This applies to individuals who have been denied a green card. A common reason for denial is the suspicion of a fraudulent marriage.
- Do I Need a Lawyer to File an Immigration Appeal?
- Valid Reasons for an Immigration Appeal
- Where to File an Immigration Appeal?
- How Long Does an Immigration Appeals Case Take?
- Immigration Appeals FAQ
- The Importance of an Immigration Appeals Lawyer
Valid Reasons for an Immigration Appeal
You must specify the reasons for your appeal, including details about why you disagree with the Immigration Judge’s decision. Most appeals are reviewed by a single Immigration Board Member. However, you may assert that your appeal warrants review by a three-Board Member panel.
A three-member panel of the Immigration Board will review your appeal if the following is true:
- There are inconsistencies among rulings of different Immigration Judges
- A precedent must be established construing the meaning of laws, regulations, or procedures
- An Immigration Judge’s ruling did not conform with the law or applicable precedents
- The need to resolve the case involves a controversy of major national importance
- There was a clearly erroneous factual determination by an Immigration Judge
- There is a need to reverse a decision of an Immigration Judge other than a reversal under 8 C.F.R. §1003(e)(5)
If a question of law is presented, then the specific legal authority must be cited. If there is a dispute over facts, then those facts being challenged should be named.
If discretionary relief is necessary, then the statutory grounds for eligibility and availability to exercise the discretion should be named in the Notice of Appeal.
If you do not give specific reasons for your appeal on the Notice of Appeal form or attached documents, then the Board of Immigration Appeals may dismiss your appeal.
- Do I Need a Lawyer to File an Immigration Appeal?
- Valid Reasons for an Immigration Appeal
- Where to File an Immigration Appeal?
- How Long Does an Immigration Appeals Case Take?
- Immigration Appeals FAQ
- The Importance of an Immigration Appeals Lawyer
Where to File an Immigration Appeal?
Appeals may be filed by mail or in-person to:
Board of Immigration Appeals
Clerk’s Office
5107 Leesburg Pike, Suite 2000
Falls Church, VA 22041
Board of Immigration Appeals & Immigration Appeals Process
If you do not agree with a decision made in the U.S. Immigration Court, you can appeal it to the Board of Immigration Appeals (BIA).
U.S. Immigration Courts
Los Angeles Immigration Court
The Los Angeles Immigration Court is located at:
606 S. Olive Street, 15th Floor
Los Angeles, CA 90014
Phone: (213) 894-2811
Filing hours are between 7:30 a.m. and 4:00 p.m. The court does not take faxes or other electronic submissions unless specifically requested in that format by the immigration court staff or immigration judge. If transmissions are made without authorization, they will not be made part of the official record, and they may be discarded altogether.
Houston Immigration Court
The Houston Immigration Court is located at:
Mickey Leland Federal Building
1919 Smith Street, 14th Floor
Houston, TX 77002
Phone: 713-751-1500
Court hours are between 8:00 a.m. and 4:00 p.m. The immigration court does not accept faxes, unless immigration court staff or the immigration judge specifically requests one. Unauthorized transmissions are not made part of the record and are discarded without consideration of the document or notice to the sender. Further, the only electronic submissions permitted are EOIR-28 forms, unless such transmission is specifically requested.
Detroit Immigration Court
The Detroit Immigration Court is located at:
P.V. McNamara Federal Building
477 Michigan Avenue, Suite 44
Detroit, MI 48226
Phone: 313-226-2603
Public Hours between Monday to Thursday are between 8 a.m. and 4:30 p.m. Public Hours on Friday are between 8 a.m. and 4 p.m. Window Filing Hours are between 8 a.m. and 4 p.m. The immigration court does not accept faxes or other electronic submissions unless the transmission has been specifically requested by the immigration court staff or the immigration judge. Unauthorized transmissions are not made part of the record and are discarded without consideration of the document or notice to the sender.
New York Immigration Court
The New York Immigration Court is located at:
26 Federal Plaza, 12th Floor,
Room 1237
New York, NY 10278
Phone: 917-454-1040
Public Hours are between 8:00 a.m. and 4:30 p.m. Window Filing Hours are between 8:30 a.m. and 4:00 p.m.
To obtain more information which can help you win your immigration case, contact the immigration lawyers at Spolin Law P.C. at (310) 683-4871.
Filing a Written Brief with Your Immigration Appeal
In addition to the Notice of Appeal form, you may file a written brief or statement at a later date. The Board of Immigration Appeals will send you a briefing schedule that states deadlines for when written briefs must be filed.
A transcript of the testimony from the original immigration hearing may also be obtained by a deadline established by the Board. This transcript should be used in the process of writing your brief, which will lay out the grounds for your appeal. You should cite the transcript in your written brief.
Even if you plan on submitting a written brief at a later date, you must detail the reasons for your appeal in your Notice of Appeal and attachments.
Oral Arguments in Immigration Appeals Court
You may request an oral argument before the Board of Immigration of Appeals. If you do request an oral argument, you must state on your Notice of Appeal why you believe your case warrants a review by a three-member panel of the BIA.
The Board will consider your request and either grant it or deny it. The Board is not likely to grant your request for an oral argument unless you also file a written brief.
- Do I Need a Lawyer to File an Immigration Appeal?
- Valid Reasons for an Immigration Appeal
- Where to File an Immigration Appeal?
- How Long Does an Immigration Appeals Case Take?
- Immigration Appeals FAQ
- The Importance of an Immigration Appeals Lawyer
How Long Does an Immigration Appeals Case Take?
While you are required to file your Notice of Appeal within 30 days, the BIA does not have specific deadlines. It is common for the BIA to take six months, or 180 days, to process an immigration appeal.
However, it can take up to 18 months for the entire process, especially if written briefs and oral arguments are involved.
Form I-290B Notice of Appeal to the USCIS
The USCIS handles immigration appeals with the Administrative Appeals Office (AAO). You can file a Form I-290B Notice of Appeal or Motion if the USCIS has already issued a decision about your case or if you are appealing a denial of an Immigration and Customs Enforcement (ICE) Form I-17.
A Form I-290B can be used:
- To file an appeal with the Administrative Appeals Office (AAO)
- To submit a motion with the USCIS office that issued a decision in your case, including motions to reopen or motions to reconsider a case
- For certain appeals of ICE Form I-17 forms for nonimmigrant students with the ICE Student and Exchange Visitor Program
It can take the USCIS between six months and two years to process a Form I-290B.
Refiling or Repetitioning for Immigration
In some cases, the immigration appeals process may take longer than the time necessary to simply refile or repetition for a green card.
For example, if your Form I-130 was denied as a newly married couple and you believe it was due to lack of sufficient evidence that your marriage was legitimate, you should consider refiling the Form I-130 with additional evidence to show your marriage is lawful and valid.
To support a refile petition, you should include additional documentation like photographs, mortgages, lease payments, and other information that supports your case. You should include anything that supports your claims that you have been in the United States lawfully.
To determine if refiling or repetitioning your immigration case is the best option, you should work with an immigration appeals lawyer who can help you choose the best option for your specific situation.
If you are unsure about the correct path forward in your immigration case, contact the immigration lawyers at Spolin Law P.C. at (310) 683-4871.
- Do I Need a Lawyer to File an Immigration Appeal?
- Valid Reasons for an Immigration Appeal
- Where to File an Immigration Appeal?
- How Long Does an Immigration Appeals Case Take?
- Immigration Appeals FAQ
- The Importance of an Immigration Appeals Lawyer
Immigration Appeals FAQ
1. How Do I Check My Immigration Appeals Case Status?
You can check the status of your immigration appeal through the EOIR eFiling system. You can also call 1-800-898-7180 to ask for your case status. If you filed your appeal through the BIA, you can call them for decisions and case information at 1-703-605-1007.
2. What Types of Questions Will Be Asked at Immigration Appeal Hearings?
You will not likely have to go to an actual courtroom if you file an EOIR-29. Some questions that may be asked at an immigration appeal hearing include:
- When did you originally come to the United States?
- Did you have a visa when you came to the United States?
- Have you traveled out of the country since you arrived in the U.S.?
- Have you been separated from your spouse and/or family for a period of time?
3. Can I File a DACA Appeal If I Was Denied?
You cannot file a motion to appeal if you are denied your DACA request through the USCIS. However, you can request a review of your case by the USCIS.
4. What Is Crimmigration?
In addition to immigration appeals, Spolin Law P.C. has crimmigration lawyers who can handle criminal defense cases for people facing immigration issues. Crimmigration is an area of law that involves an allegation of a crime and the consequences could affect immigration status. We know that your goal is to remain in the United States and clear your criminal record. Our crimmigration lawyers will fight hard to protect your rights.
- Do I Need a Lawyer to File an Immigration Appeal?
- Valid Reasons for an Immigration Appeal
- Where to File an Immigration Appeal?
- How Long Does an Immigration Appeals Case Take?
- Immigration Appeals FAQ
- The Importance of an Immigration Appeals Lawyer
The Importance of an Immigration Appeals Lawyer
There are many immigration lawyers in the U.S., but few have the knowledge and experience to appeal immigration cases. Immigration appeals require strategies that must be targeted to make strong arguments that support your case. If you miss any deadlines or fail to discuss specific legal or factual errors, your case will be dismissed without recourse.
Immigration appeals attorney Aaron Spolin has a track record of success. Although prior success does not guarantee future success, an attorney’s record matters. Mr. Spolin and his immigration law firm fight to win every case by taking the following steps:
- Finding errors in the immigration court transcript
- Filing a timely Notice of Appeal and meeting all deadlines
- Submitting strong written briefs and motions
- Making an assertive oral argument
- Fighting to win every case
To speak with one of our Los Angeles, CA immigration appeals lawyers at Spolin Law P.C., call us at (310) 683-4871.