Office Location is Irving, Texas and Albuquerque, New Mexico
Call 214-609-2242
Irving Immigration Appeals Attorneys
Dallas County Immigration Lawyers Helping Appeal Decisions Regarding Visas, Deportation, or Other Issues
The immigration process can be very complicated, and there are a number of points at which decisions by immigration officials may affect a person's ability to legally enter the United States or continue living in the country. Those who have received an unfavorable decision may be unsure of the next steps they should take or whether they will be able to provide additional information in response to issues raised by immigration officials. In some cases, immigrants may be able to pursue an appeal of decisions made in immigration court or denials of visa applications or other requests. However, the time frames for doing so are limited, so it is important to get legal help from an experienced attorney to ensure that appeals are filed correctly and in a timely fashion.
The law firm of John W. Lawit, LLC assists with multiple types of immigration-related matters. Over the past 40 years, we have worked with tens of thousands of clients to ensure that they take the correct steps during the immigration process while advocating on their behalf and helping them address the legal issues that affect their ability to live in the U.S. With our strong and comprehensive understanding of immigration laws, we can ensure that immigrants are prepared to appeal unfavorable decisions and take quick and effective action to protect their rights and interests.
Board of Immigration Appeals Cases
Certain types of immigration cases may be reviewed by the U.S. Department of Justice. An immigrant may request to have their case heard by the Board of Immigration Appeals (BIA). While the Board may review decisions made by immigration judges, it may also address some other types of decisions made by immigration officials. Matters that the BIA may address include:
- Deportation orders
- Denials of detention bonds or other decisions made in immigration bond hearings
- Requests for asylum
- Denials of family-based visa petitions
In general, a Notice of Appeal must be filed within 30 days after an immigration judge makes a decision in a hearing. After a Notice of Appeal is filed, an automatic stay will go into effect preventing a deportation from proceeding until a final decision is made. Most of the time, the BIA will conduct a "paper review" of a case, meaning that it will consider written briefs submitted by both sides and issue a decision. An unfavorable decision by the BIA may be appealed in federal court. However, no automatic stay will apply in these situations, so an immigrant may also need to file a petition asking for a stay of removal proceedings while their case is ongoing.
Cases Reviewed by the Administrative Appeals Office
Matters that do not fall under the jurisdiction of the Board of Immigration Appeals may be addressed by the U.S. Citizenship and Immigration Services Administrative Appeals Office (AAO). These matters may include issues related to:
- Employment-based visas
- Investor visas for immigrants and nonimmigrants
- Fiancé visas
- Applications for adjustment of status
- Applications for temporary protected status
- U visas
- VAWA self-petitioners and other special immigrants
- Applications for waivers of inadmissibility
- Applications to reapply for admission to the United States after deportation
- Applications to preserve residence in the U.S. for the purpose of naturalization
Following an unfavorable decision in these matters by USCIS, a Notice of Appeal or Motion (Form I-290B) must be filed within 30 days after receiving a decision through personal service or 33 days after a decision was issued or sent to a person via mail. A person may also file a motion to reopen a case if there are new facts that may affect the decision, or a motion to reconsider may be filed because an unfavorable decision was based on an incorrect interpretation of immigration laws or policies.
Contact Our Arlington Immigration Appeals Lawyers
At John W. Lawit, LLC, we can help you determine your best options for pursuing an appeal in your immigration case. We will help you take the correct steps during this process, and we will make sure all forms and documents are filed correctly with the BIA or AAO. To get legal help with appeals or related issues, contact our firm by calling 214-609-2242. We help address immigration issues in Dallas County, Bedford, Grand Prairie, Coppell, Addison, Grapevine, Arlington, Euless, Carrollton, Farmers Branch, and Irving.