Immigration Appeal Process

Immigration Appeal Process

If you attended an immigration court hearing and your case was denied by the judge, you may have the right to appeal to the Board of Immigration Appeals, also known as the BIA.

When it comes to appealing an immigration court decision, it is very important that you have attended an immigration court hearing. Unfortunately, some immigration cases can be denied, and although it may seem like everything is crashing down--you still may have a chance at the appeal process. The Executive Office of Immigration Review, otherwise known as the EOIR, is responsible for resolving the dispute of a case. After, you will need to deal with the Board of Immigration Appeals, otherwise known as the BIA.

The appeal process can be very overwhelming for people, which is why it is important that you have a dedicated and experienced immigration appeal lawyer Pasadena on your side to advise you. Your immigration appeal attorney will need to know the ins and outs of everything regarding your case after you have met with him or her, so it’s important that you disclose any and all information pertaining to your case.

Where to File an Appeal

Your appeal must be filed with the BIA, which is located in Falls Church, Virginia. There are several different means in which you can send appeal, and the exact address differs on which option you choose to go by.

If you choose to send your appeal in through hand delivery, courier, same day delivery, overnight or express delivery, you must send the appeal to the following address:

  • Board of Immigration Appeals
  • Office of the Chief Clerk
  • 5107 Leesburg Pike, Suite 2000
  • Falls Church, VA 22041

However, if you choose to send your appeal through U.S. Postal Service (except express mail), priority mail, certified mail, registered mail, or return receipt requested mail, you must send your appeal to the following address:

  • Board of Immigration Appeals
  • Office of the Chief Clerk
  • Post Office Box 8530
  • Falls Church, VA 22041

Unfortunately, you cannot visit the BIA in person. The appeal must be done in writing.

Timeline for Filing an Appeal
It is extremely important to note that your appeal must be filed and received by the BIA within 30 days from the date of the judge’s order. Unfortunately, appeals that are filed too late, exceeding the 30 days, will not be accepted. You will need to be very mindful of filling out everything correctly, including the mailing label, postage, and other materials. To help alleviate any stresses that can come about because of this, you will need to speak to an immigration appeal attorney to help with the immigration appeal process.

An immigration appeal lawyer has plenty of experience in helping their clients file appeals, therefore, you should feel confident in trusting your lawyer.

Once the BIA Receives Your Appeal
After the BIA has received your appeal notice, you should expect a receipt notice in return, which usually takes about two weeks. If you do not receive a receipt notice within that two week time frame, you should certainly contact them to find out what is going on so you do not run the risk of it not getting accepted.

If everything has gone well so far after you have received your receipt notice, a briefing will be scheduled, which will go back and forth from you and the opposing counsel. Once the submissions have been finalized through both parties, which can take up to several months or years, the BIA will then make a final decision for your appeal.

While Your Appeal is Pending
It is imperative that you stay in the U.S. while your appeal is pending, otherwise, it will be cancelled.

Speak to an Immigration Appeal Lawyer
If you have any questions regarding the immigration appeal process, do not hesitate to contact one of our expert immigration lawyer Pasadena at Alami Law. We will do whatever it takes to get you the results you need to stay in the U.S. legally. We will be able to answer any questions regarding immigration, as it is our line of expertise. We have successfully handled thousands of immigration cases for our clients and we can assure you that we are the team you need on your side.

Related Blog

  • Deportation Without a Hearing

    Deportation Without a Hearing

    It is possible for an immigration officer to determine whether or not a person should be removed from the United States. However, many immigrants will want the opportunity to tell their story in front of an immigration judge. It’s unfortunate, but a foreign national may not be afforded this right. When this happens, it is … Continue reading "Deportation Without a Hearing"Read More »
  • Free Naturalization Preparation Resources

    Free Naturalization Preparation Resources

    Individuals who want to begin the process of naturalization to become a citizen of the United States often find it stressful. All applicants must prove they are eligible. They will also be required to pass a naturalization test. It will require them to answer some civics questions as well as demonstrate their proficiency with reading … Continue reading "Free Naturalization Preparation Resources"Read More »
  • Pros And Cons of Employment Based Immigration

    Pros And Cons of Employment Based Immigration

    There are many things that business owners should take into consideration before hiring someone. The main thing you want to do is select the person who is best for the job. The United States workforce is becoming more diverse because more immigrants are coming to the country. It is important to weigh the pros and … Continue reading "Pros And Cons of Employment Based Immigration"Read More »