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Immigration Appeals Attorney

Become the legal aid you lot need

Experienced San Antonio Immigration Appeals Attorney

If you have been ordered deported in the San Antonio immigration court or had your immigration petition or application denied, don't give up hope. An immigration attorney from The Lozano Law Firm may be able to help y'all get that conclusion reversed through the applicative immigration appeals process.

What Is the Board of Immigration Appeals (BIA)?

The BIA, which is a office of the Section of Justice, is the highest courtroom in the state for interpreting and adjudicating immigration police force. In the event that an immigration judge renders a decision that is contrary to your interests, y'all tin appeal that decision to a college courtroom. In the case of immigration matters, the BIA is that courtroom. They volition review your case and ensure that the lower court did not brand any mistakes in the process of reaching their decision.

The BIA only hears appeals from cases adjudicated by immigrants judges. It does not hear appeals on decisions rendered from USCIS (U.Due south. Citizenship and Clearing Services). Those cases must be appealed with AAO (Authoritative Appeals Office).

What Types of Decisions Can I Entreatment With the BIA?

The BIA reviews the decisions of immigration judges. At that place are only ii kinds of decisions that they do not review:

Credible fear determinations and
Reasonable fear determinations

These are petitions for asylum based on a credible or reasonable fear of persecution in one's own land. They are administered by the USCIS.

Decisions that you can appeal with the BIA include:

Deportation, including orders of removal and applications for relief from removal
Bond hearings
Denial or filibuster of citizenship
Visa petition bug:
- including the exclusion of aliens applying for admission,
- petitions to allocate the status of aliens applying for admission, and
- petitions to classify the status of alien relatives for issuance of preference immigrant visas
Motions for reopening and reconsideration of decisions previously rendered
Aviary
Waivers of inadmissibility
Family-based immigration petitions
DHS fines and penalties

There are some decisions, however, that you cannot appeal to the BIA. These include:

Decisions rendered against those who have already been deported
Credible or reasonable fear determinations
The bulk of visa petitions
DHS denials for adjustment of status

These decisions can exist appealed; they simply cannot exist appealed with the BIA. Usually, you lot must appeal to the AAO.

How Long Practise I Accept to Request an Entreatment?

Either party may appeal an immigration approximate's decision within xxx calendar days. It's of import to note that calendar days are different from business days. The Lath must receive the notice within 30 days of the decision unless the due engagement falls on a holiday or a weekend. In that case, it would exist the following business day.

In order to avoid confusion and a summary dismissal of your appeal, it's important to entreatment the decision as soon as possible.

What Is the Process for Appealing Before the BIA?

Later the immigration gauge has rendered a determination against an immigrant, he or she will ask if the immigrant wishes to appeal the decision. If the immigrant responds "no", so the deportation process will begin immediately. The immigrant should instead say that they either will appeal or reserve the right to appeal to filibuster the deportation process.

For immigrants who did not retain counsel during the initial hearing, the judge will provide them with a guide that includes the forms necessary for filing an appeal. While there are those who choose to represent themselves in matters before the BIA, an appeal is quite different from the petition procedure. In the appeal, you lot must testify how the judge's decision went confronting established precedent or law. It'southward a circuitous process. Most would be in a much better position with an experienced clearing appeals chaser managing the case instead of trying to navigate the system themselves.

In improver, the BIA does not consider testimony during an entreatment. The BIA has only one office near the District of Columbia in Virginia and conducts a review of the case in that office. In other words, they won't be hearing from you or your attorney. They'll instead conduct a "newspaper review" or a review of the court documents. In some cases, very rarely, they will hear oral arguments from both sides.

Representation Before the Board of Immigration Appeals (BIA)

The BIA has nationwide jurisdiction over certain decisions fabricated by the immigration judges as well equally commune directors of the Section of Homeland Security (DHS). Whether your case is slated for oral argument or paper review, our experienced San Antonio immigration attorneys have the knowledge, skills and experience necessary to set up and nowadays a persuasive appeal on your behalf.

Even if the BIA does issue a final club of removal, deportation or exclusion, we may however be able to pursue the matter in federal courtroom by filing a Petition for Review with the Fifth Excursion Courtroom of Appeals.

Does an Appeal Automatically Grant a Stay from Deportation?

For certain types of cases, an appeal will automatically grant a stay from deportation. In other words, the courtroom volition cake the DHS from deporting an immigrant during the appeals process. For example, if a petitioner appeals a deportation order on the merits of his or her case, the gauge will usually grant a stay while BIA renders their decision. BIA decisions can take between 6 and 12 months, sometimes longer depending on the complication of the case or the number of appeals they are treatment.

In other cases, the stay could be granted at the discretion of the gauge or the BIA. This is especially true in cases where an appeal is granted on a procedural technicality. Your lawyer tin can guide y'all through this process and brand recommendations on how y'all should handle a deportation order while yous are appealing the decision.

Does It Cost Money to Appeal the Decision?

Sometimes. There are certain requests related to bond or asylum that practise non have filing fees. Typically, a BIA entreatment volition cost the petitioner $110 to file. You can pay this by cheque or money order.

In addition, the private appealing the decision may request a waiver if they, due to some hardship, cannot afford to pay the $110. The applicant must exist able to demonstrate that they cannot afford the filing fee.

Effective Advocacy Earlier the Authoritative Appeals Office (AAO)

The AAO reviews decisions made by Citizenship and Immigration Services (USCIS) adjudications officers on petitions and applications for immigration benefits. The AAO rules on a variety of immigration matters, such as proceedings nether the Immigration Reform and Control Act (IRCA) and denials of the post-obit petitions and applications:

H, L, O, P and Q nonimmigrant visa petitions
EB-two and EB-three immigrant visa petitions
Applications for Temporary Protected Condition
N-470 Applications to Preserve Residence for Naturalization
N-600 Applications for Certificate of Citizenship

Fight for Your Rights With the Aid of a San Antonio Immigration Appeals Attorney

Some people who take received an adverse immigration decision only surrender and take the ruling. Simply the attorneys at The Lozano Law Firm practise not give up so easily. Nosotros accept the noesis and ability to take your case to the next level and entreatment that unfavorable ruling to a higher authority. In San Antonio, San Angelo, Eagle Pass and Laredo, contact The Lozano Law Firm for advice and assistance from an experienced immigration appeals attorney.

Ask A Question Describe Your State of affairs Or Asking A Consultation

Telephone call 210-932-3600 or fill out the brusk grade below. We will normally answer within one business day merely often exercise then the aforementioned 24-hour interval. Don't hesitate, your questions are welcome.

We respect your privacy. The information yous provide volition be used to respond your question or to schedule an engagement if requested.

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