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What Are Immigration Appeals?

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Immigration cases are often long, complicated, and don’t always go as planned. However, just because you didn’t get your desired outcome doesn’t mean you should give up. Immigration appeals allow individuals to get a second chance at presenting their case to help them achieve their immigration goals.

What Are Immigration Appeals?

Immigration appeals are a process through which an individual can challenge a decision made by the U.S. Citizenship and Immigration Services (USCIS). This may be a decision they make to deny someone asylum, deport them from the country, or refuse a green card.

Immigration appeals can be costly and time-consuming, but they may be the only way to overturn an unjust decision. If you have been affected by a USCIS decision, talk to a lawyer about whether an appeal is right for you. The immigration appeal process is complex, and it is important to seek legal advice before starting an appeal. An experienced immigration lawyer will be able to assess your case and give you the best chance of success.

Do I Qualify for an Appeal?

To determine if your immigration case qualifies for an appeal, you should speak to an attorney as soon as possible. In most cases, you only have 30 days after receiving the decision to appeal. If you wait longer, your request to appeal could be denied. Your attorney can help you find the right channels to file your appeal.

The USCIS Administrative Appeals Office, or AAO, hears cases related to:

  • Employment-based visas

  • Adjustment of Status applications

  • Applications for Temporary Protected Status

  • Investment-based visas

  • Temporary labor, services or training petitions

  • Orphan, religious worker, juvenile, and special immigrant petitions

The Board of Immigration Appeals, or BIA, hears cases related to:

  • USCIS denials of I-130 immigrant petitions

  • Bond adjudication by immigration judges

  • Removal (deportation) proceedings

Get in touch with our team today at (305) 858-2323 to discover if you qualify for an immigration appeal.

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