Immigration rulings do not always go in the immigrant’s favor. If your petition or application was denied, you face deportation, or you seek to overturn any negative immigration action, attorneys at Ayala Law Office, P.C. in Tucson, Arizona have the appeals experience to take your case to a higher authority. A number of appeal options are available, depending on your case.
If an immigration agency has issued an unfavorable decision, you may file a motion to reopen the case if you have new facts to present. You must be able to document these new facts.
A motion to reconsider is an alternative if you believe the unfavorable decision was based on an incorrect application of law or policy. Your motion must be supported by the statutes, regulations or precedent cases that demonstrate the incorrect application.
Motions must be filed within 30 days of the initial decision. You may file a motion even if your case is not eligible for an appeal. Unfortunately, filing a motion does not prevent the decision from taking effect. It could take 90 days or more to receive a decision on a motion.
If your motion to reopen or reconsider is denied, you may appeal to the U.S. Citizenship and Immigration Services Administrative Appeals Office (AAO). Instead of filing motions, you may appeal directly to the AAO, if the initial decision is appealable. The denial notification you receive will indicate if and where the decision may be appealed. Generally, you have 30 days to appeal the decision.
The AAO handles specific types of cases, including most employment-based nonimmigrant visa petitions, fiancé(e) petitions, permission to reapply after deportation, T and U visa applications, and certain special immigrant visa petitions.
Your appeal must specifically identify the legal errors in the unfavorable decision; if you don’t adequately explain the errors, your appeal is likely to fail.
The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying immigration laws. The BIA mostly reviews orders and applications relating to removal, including those involving criminal convictions. It rarely holds appeal proceedings and instead considers only written documents challenging the legal grounds for unfavorable rulings.
While the BIA is the highest administrative authority on immigration, most unfavorable BIA decisions can be appealed to the U.S. Circuit Court of Appeals in the circuit where the initial decision was made. The appeal must be based on constitutional claims or questions of law. Appeals must be filed within 30 days. The appeal does not delay removal from the country, so it is imperative to file a stay while the appeal is pending.
Circuit court decisions may be appealed to the Supreme Court of the United States.
When other appeals options have failed, it may be necessary to file other actions such as:
Not every option is right for every case. We have the immigration experience to readily assess your situation and pursue the most beneficial course of action.
Appealing adverse immigration rulings requires a deep understanding of the law and procedure and the ability to challenge these decisions on legal grounds. At Ayala Law Office, P.C., we apply our considerable immigration knowledge to every appeal to help you achieve the best result possible. To learn more about how our immigration attorneys in Tucson can help you appeal your immigration decision, please contact us online or at 520-365-3185.