Can I Remain in the U.S. While Appealing My Case?

If you have made the journey to the United States for asylum, you may have a difficult time convincing authorities to grant your request. Asylum, defined as protection from persecution, is a complex process even under the best of circumstances. Unfortunately, once you start the process of trying to convince U.S. government authorities you are telling the truth and deserve this specialized protection, chances are your request will be denied. In most instances, nearly 70% of cases heard by asylum officers and over 50% of cases heard by immigration judges are initially denied. However, this initial denial does not mean your case is finished. Since you will have several options by which to appeal your case, work with a Los Angeles immigration appeal lawyer from Alami Law to pursue the protection you need and deserve.

Can I Remain in the U.S. While Appealing My Case?

Though this issue can sometimes be tricky once your case is ready to be heard by a federal court, in most situations you will be allowed to remain in the U.S. while attempting to have your asylum denial overturned. However, you will need to consider the expenses you will incur while staying in the U.S., such as working with an immigration appeal attorney Los Angeles residents trust from Alami Law. If you are able to cover the expenses needed to remain in the country you should do so, since if you leave the country and then try to apply for asylum while crossing a U.S. border, the process can become even more difficult and confusing.

Appealing to Immigration Court

If you are already in the U.S. when you submit your initial asylum application to a U.S. Citizenship and Immigration Services office, it will be considered to be an affirmative case, meaning the application was submitted voluntarily. These cases, heard by an asylum officer, normally take about two weeks before a decision is rendered. Once it is, you are called into the office and given a letter explaining the agency’s decision to accept or deny your request. Should you be denied, your case is automatically appealed to Immigration Court, so long as you are in the country legally and without an expired visa. Once this occurs, always hire a lawyer for immigration appeals in Los Angeles who has a track record of success, such as Alami Law.

Appealing to Board of Immigration Appeals

When your case is heard in Immigration Court, the judge will listen to your testimony, examine the evidence, and decide then and there whether or not to grant you asylum. If you are denied asylum, your next step will be appealing to the Board of Immigration Appeals, which must be done within 30 days of the Immigration Judge’s decision. Since time will be of the essence, hire an immigration lawyer to appeal immigration case who thoroughly understands this process, such as an attorney from Alami Law. When appealing to the BIA, there will be no hearing, meaning you won’t need to appear in person. Instead, the BIA will review the transcript of your IJ hearing to determine if a legal error was made by the IJ. If this is determined, the BIA will grant you asylum or send your case back to Immigration Court for a new hearing. When appealing to the BIA, the average time to get a decision is at least one year, so plan to be patient.

Appealing to U.S. Court of Appeals

If you have been denied asylum by the BIA, you have the option to appeal before the U.S. Court of Appeals that serves the region of the U.S. where you live. If you choose to do so and have your case selected for oral arguments before the court, it will be critical you hire a Los Angeles immigration appeal lawyer from Alami Law. By doing so, you will have an attorney on your side who has experience arguing such cases before judges in these courts. While you will not have to appear or testify for this hearing, you may be waiting a long time for a verdict. In most cases, it can take as long as three years, upon where you will either be granted asylum or have your case sent back to an Immigration Judge for yet another hearing.

Appealing to the U.S. Supreme Court

If you have been denied asylum each step of the way but are determined to see your case to its fruition, you will have the opportunity to make a final appeal to the highest court in the land, the United States Supreme Court. Should you pursue this legal path, your lawyer for immigration appeals in Los Angeles from Alami Law will be required to petition the court for a writ of certiorari. However, since the U.S. Supreme Court is not required to hear your case and selects only a limited number of cases to hear annually, the chances your case will be heard are very slim.

When Would the Supreme Court Hear My Case?

If your asylum case presents unique legal challenges that could impact large numbers of people and set legal precedent, you will have a much better chance of having your case heard by the court. Should this happen, hire an immigration lawyer to appeal immigration case before the Supreme Court who has the time and resources needed to draft briefs and travel to Washington, D.C. for this very important legal argument that will determine your fate once and for all.

Should you find yourself appealing your case all the way to the Supreme Court, the process will have taken several years to reach this point. Therefore, carefully consider your options and individual situation before embarking on this journey. However, should you be determined to gain asylum in the United States, do not put your case in the hands of an inexperienced attorney. By hiring an immigration appeal attorney, Los Angeles residents trust, such as one associated with Alami Law, you can ensure your legal rights will be fought for at each level of appeals.