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, a case may be reversed, and the applicant may ultimately be successful.
The appeals process is complex, and many essential details must be considered. Timeliness and accuracy are extremely important. One must also be prepared to explain why they believe the decision of the Immigration Judge or USCIS should be reversed. If you find yourself in this situation, it is essential 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 to determine how we may be able to help.
When an immigration case results in denial, it does not always mean the end of the road. Whether USCIS or an Immigration Judge denied your application or ordered removal, you may still have an opportunity to challenge the decision. An appeal allows you to request a higher authority to review your case and correct any legal or factual errors.
There are different types of appeals depending on where the denial occurred. For example, a decision made by USCIS can be appealed to the Administrative Appeals Office (AAO). Orders from an Immigration Judge may be appealed to the Board of Immigration Appeals (BIA). Each forum has its rules, procedures, and deadlines, making it critical to act quickly and accurately.
As your immigration appeal lawyer, we work closely with you to review your case, identify legal mistakes, and craft strong written arguments. We aim to ensure the appellate body understands where the initial decision went wrong and why it should be overturned.
A successful appeal must include more than just disagreement with the result. You must clearly explain how the decision was incorrect, based on legal standards or the evidence provided. This might involve highlighting inconsistencies, misinterpretations, or violations of your procedural rights.
Timing is one of the most important aspects. Most appeals must be filed within 30 days of the decision. Late filings are typically rejected, even if the underlying arguments are strong. Submitting a comprehensive brief outlining the original decision’s legal errors is also essential. This is where an immigration appeal attorney adds significant value.
At Dominguez Law Firm, PLLC, we guide Florida clients through this demanding process. We help gather the proper documentation, prepare persuasive legal briefs, and ensure everything is submitted according to deadlines. Appeals are mainly reviewed on written submissions, so clarity and precision are essential.
Clients come to us for appeals after a variety of adverse decisions. These may include:
We review the underlying record in each case, identify how the law was misapplied, and develop a focused strategy. We also help clients determine whether an appeal is the right choice or if a motion to reopen or reconsider may be more appropriate.
An appeal asks a higher authority to review an existing decision. A reopening motion asks the same office or judge to reexamine a case due to new evidence or changed circumstances.
Timeframes vary. AAO appeals may take several months, while BIA appeals can take a year or more. The timeline depends on the complexity of the case and the reviewing agency’s caseload.
In many cases, yes. Filing a timely appeal with the BIA often places removal on hold until a decision is made. We can evaluate your case and confirm whether this protection applies.
Success depends on the facts, legal arguments, and quality of the original decision. We provide an honest assessment based on a detailed review of your file.
Unlike initial applications, appeals do not involve new interviews or testimony. The reviewing authority will examine written briefs and existing records. Therefore, it is essential to present a well-reasoned legal argument supported by immigration law, agency precedent, and relevant facts.
As your immigration appeal lawyer, we take the time to understand every detail of your case. We ensure that procedural rules are followed and your legal position is clarified. We also assist with follow-up responses when the appellate authority requests additional information.
If your immigration case has been denied, you do not have to give up. At Dominguez Law Firm, PLLC, we guide individuals and families across Florida who wish to pursue an appeal. We take a methodical approach that addresses both legal issues and the human impact behind the case.
Appeals require focus, legal knowledge, and timely action. We work with clients to ensure every requirement is met and every argument is supported. If your future in the United States depends on the outcome of an appeal, you deserve reliable and experienced representation.
To get started, schedule a consultation today. You may also return to the home page or view our immigration services for more information.
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.