How Long Does an Immigration Appeal Take?

There are different types of appeals handled by the Immigration Appeal Division. This includes removal, residency appeals, sponsorship appeals, as well as any order appeals regarding permanent residents, Canadian citizens and more. An immigration appeal attorney can help those who need to file an appeal.

The immigration appeal process is started by filing a Notice of Appeal document. This must be filed with the Appeal Division. A copy of the refusal decision being appealed needs to accompany the Notice of Appeal document. Once all the required appeal documents have been filed, a Tribunal Record will be prepared by immigration authorities. This is a copy of the file related to the immigration case going to be appealed. A Tribunal Record usually requires three to four months to produce once the appeal has been filed. The person filing the appeal will get a copy of the Tribunal Record in the mail. Once a Tribunal Record has been created, the staff at the Appeal Division will carefully review it. They will try to determine if a case could be amenable to an early resolution. This could be done by the Alternative Dispute Resolution (ADR) process or by a written submission. Should the Appeal Division determine an ADR is essential, they will then set a date for a meeting. They will try to schedule it within six to eight months from the date of the appeal filing. Should the appellant have success at their ADR, the case will have been resolved. Should there be no ADR scheduled or the ADR was not successful, and the case is not resolved in any other way, there will be a hearing scheduled before an immigration judge. It is common for this to be a long process. It’s possible for this hearing to not be scheduled to take place for over a year. The workload of the Appeal Division office will determine when the hearing will be scheduled. An immigration appeal lawyer will know how to represent their client at this hearing. Once an appeal hearing takes place, the judge could make an oral decision right away. The decision may be given at the end of the hearing. It is more common for a judge to reverse their decision and put it in writing. Their written decision will be mailed out later. When a judge decides to issue a written decision, it often takes approximately one month to send it to the appellant. It could take longer and this will depend on a particular judge’s workload.

An appeal before the Immigration Appeal Division can take a long time. It is common for these appeals to be decided as soon as six months or as long as two years. Anyone who wants to file an immigration appeal should speak with an immigration lawyer Pasadena. An experienced attorney will be able to help assist their clients through the entire process.

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