There are several ways to earn the right to work and live in the United States, temporarily or permanently. However, federal immigration laws are incredibly complex. For most immigration issues, you must attend a hearing where the judge decides your fate. This could be issuing a work visa, a green card, or removal proceedings through deportation or inadmissibility.
Having an immigration court hearing go against what you hoped for could be disheartening. However, the decision of an immigration court judge is not final. If you are unhappy with the decision in your case, you can appeal. Different immigration matters are appealed by departments, including the Administrative Appeals Office, the Board of Immigration Appeals, and the Federal Court.
While you file and pursue your immigration appeal, it pays to have a reliable immigration attorney guide you through the business, residence, and employment immigration issues. Your lawyer will ensure your rights are protected, and the outcome of your appeal is favorable.
An Overview of Immigration Appeals
Different immigration processes can be complicated and expensive. Immigration issues range from seeking citizenship to work visas to preventing deportation and asylum.
Different departments, including the Department of Homeland Security, the U.S. Citizenship and Immigration Services, and the immigration court, are responsible for making decisions.
If you are not satisfied with the decision made regarding your immigration, you can appeal the matter. This means that a higher authority reviews your situation for a chance at overturning the initial decision. The steps for appealing an immigration decision include the following:
- File a notice of appeal. Filing a notice of appeal requires you to fill out and submit relevant forms depending on the immigration decision you seek to appeal.
- Prepare your case. Preparing for your immigration appeal requires you to gather relevant documents you can present to support your appeal.
- Prepare for an informal resolution. An informal resolution may be attempted before your appeal petition goes to court.
- Scheduling of the hearing. If the informal resolution for your immigration appeal does not yield any results, a formal appeal hearing will be scheduled.
- Attend the hearing. At your immigration appeal hearing, you can present reasons why you believe the immigration decision was inappropriate for your circumstances.
Matters Appealed to the Board of Immigration Appeals (BIA)
The BIA is an administrative agency that considers appeals for decisions made by immigration court judges. Some of the matters you can appeal with the Board of Immigration Appeals include:
Deportation Orders
Deportation is when an immigrant is ordered to leave the United States. Most immigrants come to the United States for quality education and employment or to escape dangerous situations in their countries. Being ordered to leave can mentally and emotionally challenge you and your family.
Common grounds for deportation include:
- Criminal convictions. California law is stricter on immigrants when sentencing for felonies. If you commit a violent felony, a capital offense, or a crime of moral turpitude, you will be eligible for deportation after your conviction.
- Unlawful presence. Entering and remaining in the United States requires different authorizations and documents. If you lack the relevant documentation or overstay the validity of your visa, you could be forcefully removed from the country.
- Immigration fraud. You commit immigration fraud by producing false documents or providing false information for citizenship or residency in the U.S.
- You are a national security threat. Another reason you are eligible for deportation is if you are considered a threat to national security.
Before an immigration court judge decides to deport you, the Department of Homeland Security will send you a notice to appear in court. At this hearing, you can present your defense on reasons why you should remain in the country. If the judge issues a deportation order after this hearing, you can appeal the decision to the BIA.
Asylum
Aliens can seek asylum in the United States when they face persecution based on their race, religion, nationality, or political standing. Applying for asylum requires filing a petition with the immigration court and attending a hearing where the judge determines your eligibility for asylum.
You should not lose hope if your United States asylum request is denied. While there may be a long road ahead, taking proper steps and appealing the decision with the Board of Immigration Appeals could change your fate.
Denial of asylum does not come with an immediate removal order from the country. Therefore, you can follow these procedural steps to have the decision overturned:
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Notify the BIA of your Appeal
After your asylum petition is denied, you have up to thirty days to notify the Board of Immigration Appeals of your intention to appeal the court’s decision. You can do this by filing Form EOIR-27 and mailing it within the deadline.
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File a Legal Grievance
The next step in filing your asylum appeal is a legal brief indicating why you think the immigration court judge was wrong for denying your asylum petition. When submitting the brief, you must work with an immigration lawyer to ensure you give convincing arguments and meet the deadline.
Reopening of Immigration Cases
When you lose an immigration case, you can file a motion to reopen it with the Board of Immigration Appeals. Such a motion is often valued when you have new evidence or information that can change the court’s decision.
Denial of Immigration Bond
If you are an immigrant facing criminal charges in California, you could secure a release with a pending criminal trial by posting an immigration bond. The immigration bond guarantees you will return to court for a trial and other scheduled appointments. An immigration bond could be posted to keep you in the country while your case is pending or to allow you to leave the country voluntarily.
Before you are released from jail on an immigration bond, the court will hold an immigration bond hearing. The judge will consider different factors in your case and your criminal history before deciding on the right action.
If your immigration bond is denied, you must remain in ICE detention until your scheduled trial. This could keep you away from your family and cause emotional turmoil. However, the judge's decision to deny your bond is not final. You can appeal to the Immigration Board of Appeals to overturn the decision.
Withholding Removal
This is a form of protection for refugees in the United States against deportation. Unlike asylum, withholding removal is mandatory for aliens who qualify. You can petition for withholding removal before you are deported. You may not qualify for this protection under the following circumstances:
- You have a felony conviction on your record.
- You have participated in genocide or extrajudicial killings.
- You committed a severe political offense in your country.
- You are a security risk to the United States.
If an immigration court judge denies your petition to withhold removal, you can appeal the decision to the Board of Immigration Appeal.
Matters Appealed to the Administrative Appeals Office
The United States Citizenship and Immigration Services Officers determine immigration matters. You can appeal an immigration matter handled by the USCIS to the Administrative Appeals Office. The AAO will consider appeals for different types of immigration issues, including:
Employment Visa Petition
As an immigrant or alien, you must obtain a work visa to work in the United States. The process of obtaining a work visa takes the following steps:
- Receiving a job offer. When a U.S. employer offers you a job, they will become your sponsor for the work visa.
- Labor condition application. If you have an H-1B visa, your employer will file the LCA with the Department of Labor. This ensures that the working conditions and wages you are offered meet the required standards.
- Filing your visa petition. Your employer will file your visa petition with the USCIS and provide the supporting documents.
- Interview and approval. You must attend a visa interview at the US embassy or consulate for some jobs. If your visa is approved, you can enter the United States.
If, after following this process, the USCIS denies your work visa petition, you can file an appeal to have the decision overturned.
Citizenship
Neutralization is when a permanent resident of the United States is granted citizenship. While a lawful permanent resident can work and remain in the U.S. indefinitely, becoming a citizen comes with a wide range of benefits, including:
- Right to vote
- Right to Issuance of a US Passport
- Right to sponsor relatives for permanent residence
- Right to receive government benefits
The citizenship application requires you to fill out Form N-400. When submitting this form to the USCIS, you must provide proof of residency and pay the necessary fees. Additionally, the UISCIs will perform a background check to determine your eligibility. Your petition for naturalization can be granted or denied, depending on the circumstances.
However, the USCIS's decision to deny your petition is not final. You can overturn the decision by filing a petition and giving relevant reasons why you should be granted citizenship by the AAO.
Fiancée Visa Petition
As a U.S. citizen residing in California, you can sponsor your foreign fiancée to come to the United States on a K-1 visa. Upon receiving the visa, you will have up to 90 days to get married. Before receiving the fiancée visa, your fiancée must submit to a medical examination and pass a background check.
Unfortunately, not all petitions for a K-1 visa are granted on the first attempt. The decision to deny your petition for this type of visa could be appealed.
Waiver for Inadmissibility
Being rendered inadmissible in the United States means you cannot return to the country you left. You could be rendered inadmissible for several reasons, including criminal convictions or being in the U.S. unlawfully.
Although the decision to leave is voluntary, you cannot go back. However, you can petition the court to waive the inadmissibility, allowing you to return to the country.
Applications for Temporary Protected Status
Immigrants from some countries can seek temporary protected status while residing in the U.S. The DHS can grant this status if the conditions in their country are dangerous, making it challenging for them to return. During the period of temporary protected status, they will receive an authorized stay in the U.S., employment authorization, and the right to travel outside of the U.S.
Sometimes, the DHS can deny your petition for Temporary Protected Status. However, if you still believe your safety is in jeopardy when you return, you can petition this decision.
T and U visa petitions
Non-immigrant visas were created for the protection of victims of severe cases of human trafficking and violence. If you have suffered severe mental or physical abuse, you can apply for this type of visa. However, you must be willing to aid law enforcement officers in investigating the crimes committed against you.
If the Department of Homeland Security grants you a U visa, you can remain in the United States for up to four years, after which you could apply for permanent residency. A T visa, on the other hand, is used to protect victims of trafficking and violence who are already residing in the United States.
DHS can grant or deny T and U visas based on your qualifications and eligibility. You can appeal the decision with the Administrative Appeals Office if your visa is denied.
Immigration Issues You Can Appeal in Federal Court
You can further appeal the decisions made by the Board of Immigration Appeals and the USCIS in the federal court of appeals. The Federal immigration appeals deal with decisions made by the BIA and challenges that involve:
Removal Orders Denied on Constitutional or Legal Grounds
There are several reasons why the BIA could deny your appeal for a deportation order. If you are still considered a threat to the United States or found guilty of committing certain offenses, your appeal to prevent deportation may not be accepted. However, when your removal is based on constitutional or legal grounds, you can further appeal it to the federal court.
Denial of Application for Naturalization
If the USCIS denies your petition to become a United States citizen, you can appeal the decision in federal court. According to the Administrative Procedures Act, immigrants subject to legal errors and adversity by government agencies may be entitled to judicial review.
Federal appeals can be challenging but rewarding when a federal court judge rules in your favor. If your appeal is successful, you can avoid the repercussions of neutralization denial and enjoy the benefits of being a United States citizen.
Filing an appeal in federal court may present more complications than appealing with the BIA or AAO. Therefore, you must hire expert legal guidance for the process.
Unlawful Detention in Immigration Custody
If you or a loved one is arrested and detained by Immigration and Customs Enforcement (ICE), there is a fear of the outcome, which could include deportation. You do not have to remain in ICE detention until the final decision is made on your case. Most individuals detained for immigration reasons can be released on a reporting basis or through an immigration bond.
Securing a release allows you to move on with your life and take the necessary measures to protect yourself from adverse immigration consequences. This could include fighting criminal charges to avoid a conviction or obtaining the relevant documentation to remain in the country.
While in ICE detention, you have rights that must be respected, including the right to legal representation. You can appeal this decision to the federal court if you believe you have been wrongfully detained. The federal appellate court judge will review the reason for your attention to determine whether it is valid. If you have solid grounds for an appeal, the decision can be overturned, prompting your release.
Find a Competent Immigration Lawyer Near Me
Immigration court judges and stakeholders in the Immigration Department make numerous decisions regarding the fate of immigrants. These issues include seeking asylum, employment, residency, or citizenship in the United States. Most of these decisions are based on evidence presented to the court and facts uncovered about you. Unfortunately, the judges and other immigration officials do not always make the right decision.
If you receive an unfavorable decision in your immigration case, the decision is not final. You can appeal the decision for a better outcome. An immigration appeal is your way of asking a higher authority to review your case to determine whether the unaffordable action was appropriate for your circumstances. Immigration laws are often complex and challenging for a regular person to understand. Therefore, you must hire and retain an attorney throughout your immigration appeal process.
At California Immigration Attorney, we have comprehensive knowledge and experience on state and federal immigration laws. Our seasoned attorneys will review your case to determine whether you have grounds for an appeal and help you navigate the appeals process throughout California. Call us today at 424-789-8809 to discuss the details of your case.