Understanding the Immigration Appeal Process: Attorney Tips

The immigration process can be long and complicated, and unfortunately, not all applications are approved on the first try. When an immigration application is denied, it can be a frustrating and stressful experience. However, it is important to know that there is still hope. You have the right to appeal the decision and work with an experienced immigration lawyer to fight for your case. This post will discuss the appeal process for immigration cases and provide tips from the attorneys at Tourzani & Long, LLC.

What Is an Immigration Appeal?

When your application for an immigration benefit is denied by the USCIS, you can file an appeal to the USCIS Administrative Appeals Office (AAO) or to the Board of Immigration Appeals (BIA). An appeal is a request to a higher authority to review a decision that has been made in your case. The appeals process can be complex and requires the skill of an experienced immigration attorney.

Who Can Appeal an Immigration Decision?

Any applicant whose immigration application is denied can file an appeal. It is important to understand that not all applications can be appealed. Some immigration applications, such as expedited removals and credible fear interviews, do not have an appeal process. It is essential to discuss your case with an immigration attorney to determine if you are eligible for an appeal.

The Immigration Appeal Process

The immigration appeal process typically involves the following steps:

  1. Notice of appeal. After your application is denied, you have a limited amount of time to file a notice of appeal with the appropriate authority.
  2. Briefing. You will need to submit a written brief to the appellate authority, explaining why you believe the original decision was incorrect.
  3. Hearing. In some cases, the appellate authority may schedule a hearing to allow you to present your case in person.
  4. Decision. The appellate authority will issue a decision on your case. The decision can affirm, reverse, or remand the original decision.

Tips for a Successful Immigration Appeal

Here are some tips to keep in mind when appealing an immigration decision:

  1. Work with an experienced immigration attorney. An experienced attorney can guide you through the appeals process and provide valuable legal counsel.
  2. File your appeal on time. It is important to file your appeal within the allotted time.
  3. Provide clear and concise evidence. Provide any new or overlooked evidence that supports your case in a clear and concise manner.
  4. Be prepared for a hearing. If a hearing is scheduled, be prepared to present your case in a professional and concise manner.

The Help You Need

At Tourzani & Long, LLC, we understand that the immigration appeals process can be challenging and emotional. Our experienced attorneys are here to help you navigate the process, provide legal counsel, and fight for your case. We offer personalized representation to clients and strive to provide the best possible outcome for every case. If you need help with an immigration appeal, contact Tourzani & Long, LLC at (201) 987-0036 to schedule a consultation.

Tourzani & Long, LLC targets North Bergen, Jersey City, Newark, Passaic, Paterson, and the surrounding New Jersey communities.