How to Appeal an Immigration Court’s Decision

In order to handle immigration issues, you’ll need to attend a merits hearing in the immigration court. This is commonly known as the Executive Office for Immigration Review or EOIR for short. The EOIR is the part of the Department of Justice that is responsible for handling immigration cases. If your immigration is denied, your immigration appeal lawyer will appeal your case with the Board of Immigration Appeals or BIA for short.

Your immigration appeal attorney should take care of filing the appeal claim with the BIA. This is located in Falls Church, Virginia. The correct procedure must be followed depending on the specific type of method you’ll be using to deliver the appeal. For example, the mailing address to have the U.S. Postal Service deliver the appeal is going to be different than a courier that is hand delivering the appeal. You must know the right immigration appeal process in order to ensure your appeal paperwork is accepted by the BIA.

When your immigration lawyer Pasadena files your appeal, you can expect there to be fees associated with it. The main form that needs to be filed is Form EOIR-26 which is the Notice of Appeal from a Decision of an Immigration Judge. Your Pasadena immigration attorney should take care of filling out this form and supplying supporting documents in favor of your case.

You must submit a payment by check or money order to the United States Department of Justice in order to submit your EOIR-26 Form. This fee ranges around 110 dollars and changes as time goes on. It’s best to check with your lawyer to discover the current fee as of the time that you file the Form with the BIA. If you want to try and waive the fee for the submission, you can submit a Form EOIR-26A. Your attorney will be required to submit Form EOIR-27, which basically states they will be your legal representative throughout the appeals process.

Timing is everything when it comes to filing an appeal. The BIA must actually receive your appeal within 30 days from the date of the judge’s order. Even if the appeal is in the mail, it won’t be accepted if it’s over the 30 day grace period for filing. The BIA date stamps every package that it receives. If the date is beyond 30 days, then you will not be able to have your appeal heard.

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