If your case has been denied by an Immigration Judge or United States Citizenship and Immigration Services (USCIS) you may still have options. With a timely filed appeal, the correct documentation and the proper legal representation it is possible that a case may be reversed and the applicant may ultimately be successful in their case.
The appeals process is not easy and many important details that must be paid attention to. Timeliness and accuracy are extremely important. One must also be prepared to lay out the reasons why they believe the decision of the Immigration Judge or USCIS should be reversed. If you find yourself in this situation, it is important to obtain experienced legal counsel and do so immediately as there are usually set deadlines for appeals.
If your case has been denied contact Dominguez Law Firm, PLLC today for a consultation in order to determine how we may be able to help.
It depends on the type of case, but generally one has between 30 to 33 days from the date of a decision to file an appeal.
The time for the Appeal process to be complete varies depending on factors such as the type of case and the adjudicator. It may be anywhere from months to years for it to be complete.
The outcome of an appeal and what happens next may vary. Generally, if the Administrative Appeals Office (AAO) which reviews appeals of USCIS decisions or the Board of Immigration Appeals (BIA) which reviews decisions of the Immigration Judge decide there was an error in the prior decision they will send the case back to the prior Immigration Judge or USCIS officer. The AAO or BIA will generally provide instructions as to what to do next. If an appeal is not successful there may be other options available such as appealing a BIA decision to Federal Court under limited circumstances.
Deciding whether to Appeal or not is an important decision and the answer depends on various factors. It is important to consult with an experienced Immigration Attorney who will review your case in detail and advise whether to Appeal or not.