Unfortunately there are many applications for immigration that are not approved, and are rather, denied. Fortunately for those whose case has been denied, they have the right to appeal the decision within 30 days to the Board of Immigration Appeals. When this is case, most appeals only consist of legal briefs, however on some occasions the Board may call for oral arguments to be made on a particular legal immigration issue. Should oral arguments be required, a skilled New York immigration lawyer will be able to help you, by arguing the case on your behalf.
If you are unhappy with the decision issued by the U.S. Citizenship and Immigration Services (USCIS), you may file an appeal with their Administrative Appeals Office (AAO). After filing the appeal, you will have your original decision first reviewed the original officer to determine whether the case is worth reconsidering. If they determine it is, it will be forwarded to the AAO or the Board of Immigration Appeals (BIA). The filing should be done within thirty days of the original decision utilizing the proper form. Typically, this is the Form I-290B (Notice of Appeal or Motion), but there are other forms that may be applicable; your attorney will be able to review your case to determine which form is best.
Following an immigration case relating to bond or removals, if you are unsatisfied with the decision or if you are facing removal, you are not without hope. By working with an experienced attorney, you can officially file for an appeal with the BIA. The first thing that must be done during the appeal process is to reserve appeal. You will then have 30 days to file your Notice of Appeal (Form EOIR 26) with the BIA before your previous judgment becomes final. These are complex forms and it is in your best interests to fill them out with the help of an attorney to make sure that you are filling them out accurately.
After filling out this form, you will send it in along with fees and a certificate of service. You should then receive a receipt, copy of the transcript, decision of the judge and briefing schedule from the BIA. At this point, your attorney will be able to step in to help develop either your brief or your oral argument. When you have this much on the line, it is highly encouraged that you work with your firm to help make sure that all deadlines are met and all forms filled out correctly.
There are many issues that arise in a denied case, there are also many ways to have the decision nullified, and have the case admitted. A legal appellate brief will be required when appealing a decision and these documents can be extremely difficult to professionally assemble. This is another instance where you may benefit from the legal expertise of one of our lawyers.
At Pozo Goldstein, LLP we know how to correctly handle appeals as well as drawing up the documents that will be required when appealing. If you have found yourself in a situation where you will need to appeal a decision made by a Judge or court, then you will need the legal help of our firm. Our lawyers include former prosecuting attorneys as well as a former judge. We have experience in all areas of the court room, and this gives us a unique advantage when dealing with various legal issues.