San Jose Immigration Appeals Attorney

Helping Clients With Complex Immigration Issues and Appeals

Receiving a negative immigration decision can be difficult, especially when it is at the end of a sometimes months- or years-long process. If you have received a notice of denial for your immigration case, it is important to understand that these decisions are not always final, and there may be a path forward through the appeals process. Appeals are designed to ensure that immigration officers follow the law and proper procedures when reviewing immigration cases. When legal standards are not applied correctly, or there is an administrative error with your application, an appeal asks for the government to take another look. If you have received a notice of denial and are not sure what to do next, or if you have questions about immigration law and appeals, our legal team can help. Our San Jose immigration appeal attorney has a proven track record in working high-stakes appeals before the BIA and AAO. Protect your rights before the deadline expires.

Call 408-359-4388 to schedule a confidential consultation today.

What Is the Purpose of an Immigration Appeal?

The purpose of an immigration appeal is for the government to review whether the initial immigration decision was legally correct. The legal process of an appeal can involve errors in interpreting and applying the law. It can also include a review of the original application and supporting evidence if there’s reason to believe the original case officer didn’t consider all the application materials.

A key part of preparing for the appeals process is understanding that appeals are generally based on what has already been submitted into the existing record. You generally can’t ask for an appeal if you have new evidence to include that strengthens your position, although there may be some exceptions. The appeals process determines whether the initial reviewer made the correct decision given the information available to them at the time.

What Are the Different Kinds of Immigration Appeals?

The type of immigration appeal available to you depends on whether it involves an initial immigration application or removal proceedings and who made the original decision. Different appellate bodies may also handle different types of visa or green card petitions, waivers, and other requests. Understanding where your appeal may be heard is the first step.

Board of Immigration Appeals (BIA)

The Board of Immigration Appeals handles decisions made by immigration judges during removal proceedings. This can include both decisions regarding the initial removal order and deportation defense options, such as asylum or cancellation of removal. BIA reviews generally focus on legal issues, such as applying an incorrect legal standard or a due process violation.

Administrative Appeals Office (AAO)

The Administrative Appeals Office generally handles appeals of unfavorable decisions issued by U.S. Citizenship and Immigration Services. For example, appeals regarding most employment-based visa petitions go through the AAO, and it handles appeals for other visas and waivers, including waivers for grounds of inadmissibility and applications for admission after deportation.

Federal Court Appeals

The Federal Circuit Court of Appeals hears petitions for review of Board of Immigration Appeals decisions. This is generally a last option, and not every case qualifies for a federal court appeal. If you receive a negative decision from the BIA, your attorney can discuss with you whether filing in the Federal Circuit Court of Appeals is an option.

Whenever you appeal an immigration decision, it’s critical to file promptly. There are strict deadlines for how long you have to file an appeal. The clock generally starts when the decision is made and not when you receive the decision, which can mean a few days have already passed by the time you receive your notice in the mail. Contacting a our San Jose immigration appeals attorney as soon as you get your decision letter ensures you can get to work on your case quickly.

How Do You File an Appeal for an Immigration Matter?

The exact process for filing an immigration appeal depends on where it will be heard, but most follow the same general steps. First, you must determine whether you are eligible to appeal the decision and where the appeal needs to be filed. Your decision notice should outline an appeals process if one applies and provide specific instructions on where to file and how long you have to appeal.

Why You Should File Your Appeal Immediately

Once you’ve made the decision to appeal and determined that you are eligible to do so, the next step is to file the proper forms. This is where an immigration attorney can be helpful. The different appellate bodies use different forms, and filing the wrong one can lead to delays in your case and potentially impact your ability to appeal at all. Depending on why you are appealing, you may also need to provide supporting documentation and a written brief. This explains what legal errors or misapplication of the laws are present in the original decision and why it needs to be reconsidered.

Immigration appeals cases are generally decided based on the written record and provided legal briefs. You will usually receive a notice in the mail of the appeals decision and whether there are any further next steps.

How Long Does the Appeals Process Take in an Immigration Case?

The immigration process rarely moves quickly, and this remains true for appeals. How long it takes for your appeal to be heard and decided depends on your case type and the court’s schedule. In some cases, it can take several months or even a year or longer for an appeal to be heard and decided. During this time, your attorney will continue to monitor your case’s progress and communicate any updates.

Can You Remain in the United States While Your Appeal Is in Process?

In some cases, you may remain in the United States while waiting for a decision on your appeal. For example, appealing a negative decision involving removal proceedings with the Board of Immigration Appeals may result in a pause in the removal proceedings. Keep in mind that even if you are granted a stay, this doesn’t mean you have legal status in the United States, which can affect your ability to work. You should always verify whether you are allowed to remain in the country while you wait for your appeal to be processed.

What Happens If the Appeal Is Denied?

If your appeal is denied, it means that the original decision is upheld. However, there may be some alternative options to pursue, depending on your background and the facts of the case. If you have new evidence that supports your case that wasn’t included in your original petition, you may be able to file a motion to reopen. If your visa application was denied, you could reapply with more documentation or try applying under a different visa category.

Speak With Our Immigration Appeals Attorney in San Jose For Immediate Assistance

It’s important to make these decisions with the help and guidance of legal representation to ensure you understand what to expect and what other options may be available. Our consultations are 100% confidential, giving you a safe space to discuss your history and find a path forward.

If you need a San Jose immigration attorney to handle your appeal, contact our law firm at 408-359-4388. Hablamos español. ¡Llámenos hoy!