NORTH CAROLINA & FLORIDA IMMIGRATION APPEALS ATTORNEYS

Fighting For A Favorable Result In Your Case

A denial or negative decision in your immigration case can be disheartening – but it doesn’t mean you should give up.

Immigration judges make dozens of decisions each day, but they’re not always in favor of immigrants. Sometimes judges choose to deport people through removal proceedings, deny asylum or citizenship, or make other decisions that don’t seem right based on the circumstances. If a judge has made a decision you don’t agree with, you may be able to file an appeal and have another chance at obtaining the results you are seeking.

Some people choose to work with an immigration attorney to take this step. Of course, you will want to work with a knowledgeable and proven immigration attorney who can fight for you and represent your best interests.

At Vasquez Law Firm, PLLC, we offer aggressive strategies when appealing immigration decisions. We understand that you have a lot on the line – and we want to help you achieve a favorable resolution. Our immigration appeals attorneys in North Carolina and Florida deliver high-quality representation and take the time to get to know each client so that their service is truly personalized.

Here’s what you need to know about asking a higher court to look at your case.

What Are Immigration Appeals?

Immigration appeals are requests to different authorities to review unfavorable decisions. Typically, you must file an appeal with the USCIS Administrative Appeals Office or the Board of Immigration Appeals. These two entities have jurisdiction over different types of immigration cases.

Immigration Appeals Through The Administrative Appeals Office

The USCIS Administrative Appeals Office, or AAO, hears cases related to:

  • Adjustment of Status applications
  • Applications for Temporary Protected Status
  • Employment-based visas
  • Investment-based visas
  • Orphan, religious worker, juvenile and special immigrant petitions
  • Temporary labor, services or training petitions

The AAO usually won’t hear oral arguments. Instead, the office relies on written briefs to make decisions. Many attorneys have successfully won appeals through the AAO through compelling legal arguments in written briefs.

Appeals Through The Board Of Immigration Appeals

The Board of Immigration Appeals, or BIA, hears cases related to:

  • Bond adjudication by immigration judges
  • Removal (deportation) proceedings
  • USCIS denials of I-130 immigrant petitions

The BIA doesn’t normally conduct oral arguments during appeals – like the AAO, it typically focuses on written briefs. Again, many attorneys have found success for their clients through these written briefs. If the BIA upholds the immigration judge’s decision, your attorney may still be able to petition for review with the Circuit Court of Appeals.

Appealing To The U.S. Circuit Court Of Appeals

If you have been denied a petition by an immigration judge and appealed it with the BIA, your lawyer can petition the U.S. Circuit Court of Appeals for a review. For most cases, the Circuit Court of Appeals is the last stop.

The Basics Of An Immigration Appeal

Time is of the essence when appealing an immigration decision – in most cases, you only have 30 days after receiving the decision to file your appeal.

Many clients find it beneficial to work on their appeal with a law firm that did not handle the original case. A fresh perspective can provide helpful insight into a better way to approach the appeal.

The reality is that judges can make mistakes or fail to appropriately consider the evidence in a case. Our team at Davis & Associates can assess your unique situation and determine whether an appeal is the right choice.

What About Criminal Convictions?

In many cases, immigrants convicted of crimes can be placed in removal proceedings. That means that deportation is on the horizon. However, your attorney may be able to ask the court for your release from detention, ask the Department of Homeland Security to exercise favorable prosecutorial discretion, or move to terminate the removal proceedings. If the case proceeds and an immigration judge orders you to leave the country, you’re entitled to appeal that judge’s decision with the next higher authority – and your attorney will work hard to explain the nuances of your case to get you the best possible outcome.

Mandamus, APA And Habeas Corpus Actions

There are three terms you may hear – and need to understand – during the course of your immigration case:

  • Mandamus action. Mandamus actions are legal tools to help immigrants whose cases have stalled within USCIS.
  • APA action. APA actions fall under the Administrative Procedure Act – a federal law that allows people to challenge an immigration agency’s arbitrary actions. This can come into play if an administrative agency involved in your case has made a decision that’s not supported by current immigration law or when the agency has not considered all the facts.
  • Habeas corpus action. Habeas corpus actions can help immigrants who have been excessively detained while their cases are pending.

How Are Motions Different From Appeals?

A motion to reconsider and a motion to reopen are alternate remedies to appeals. With these motions, you ask the same judge to review his or her decision. You must file a motion to reconsider within 30 days of a judge’s decision, and you must file a motion to reopen within 90 days of an immigration judge’s or USCIS’s decision.

When your attorney files a motion to reconsider, he or she will use the facts of your case to show one of two things:

  1. The decision was based on an incorrect or improper application of law or immigration policy
  2. The decision was incorrect based on evidence presented in the case

When your lawyer files a motion to reopen a case, he or she will ask the government to consider new facts or changed circumstances (either of which has occurred since the decision was made).

When Can You File An Immigration Appeal?

In order to file an immigration appeal, you must be eligible to do so. Usually, you have 30 days from the date of the decision. If you wait longer, your request to appeal could be denied. In some cases, such as the revocation of the approval of a petition, you must appeal within 15 days of the decision. (If the decision is mailed to you rather than physically handed to you or your attorney, the court will give you an additional 3 days to appeal, which gives you 33 days if your petition was denied and 18 days if your approval was revoked.)

The court’s written decision will tell you how long you have to file an appeal, but remember, there is no way to extend the deadline.

Where Do You File Immigration Appeals?

You must file your appeal through the appropriate channels. For this reason, many people choose to work with an immigration attorney who understands the process. Your attorney will know where to file an appeal based on the type of case you have.

Cases We Handle

Our immigration appeals attorneys in North Carolina and Florida handle all types of cases. With 40 years of combined experience, we have what it takes to build a strong appeal on your behalf.

Let us help you with your:

From start to finish, we will keep you informed and discuss your options with you so that you know what to expect every step of the way.

What Can An Attorney Do For You During An Immigration Appeal?

Your attorney will fight for a more favorable result. He or she can create an aggressive strategy that gets you the best possible outcome, whether you’re fighting deportation or you’re trying to get your petition for U.S. citizenship approved. Your attorney will represent you in court and speak on your behalf when possible, and he or she may provide documentation that helps an immigration judge revisit the case and come up with a different decision.

Do You Need To Talk To A Lawyer About Immigration Appeals?

If you’re considering an immigration appeal, you may want to talk to an attorney as soon as possible. Call us now to schedule a free consultation – we may be able to help you.

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