How BIA Appeals Process Differs from Other Immigration Appeals
A BIA appeals process differs from others because preparation takes far longer. It is also a more complicated procedure. The Board of Immigration Appeals (BIA) is part of the Executive Office for Immigration Review (EOIR) under the U.S. Department of Justice. It is the highest administrative body for interpreting and applying immigration laws. The BIA usually reviews appeals regarding decisions made by immigration judges and Department of Homeland Security District Directors.
When filing a BIA appeal, you need an experienced immigration attorney who can challenge the reason given for the deportation. A green card appeal attorney at Bassey Immigration Law Center can represent you during this critical time. We have over a decade of legal experience resolving a wide range of challenging immigration issues and know how to successfully fight for your future.
BIA Appeals and Procedures
Most BIA appeals concern orders of removal or applications for relief from removal. A smaller percentage can include the following:
- Exclusion of aliens applying for U.S. admission.
- Petitions to classify alien relative status for the issuance of preference immigrant visas.
- Motions for reopening and reconsideration of previously rendered decisions.
The BIA is located at EOIR headquarters in Falls Church, Virginia. Because this is a federal matter, we can represent you wherever you are located. BIA appeals are seldom made in person. Instead, the BIA conducts “paper reviews.”
Procedures
Once the immigration judge files their decision, you have 30 days to file a Notice of Appeal with the BIA. If the deadline falls on a weekend or holiday, the next business day is the due date. The Notice of Appeal must arrive by the 30th day; mailing it by that deadline is insufficient. Further, the form must be completed in English.
A federal investigation defense attorney ensures that your appeal is filed correctly and in a timely manner. The filing fee of $110, paid via check or money order, must accompany the notice. There is no set amount of time for the BIA to process an appeal. Generally, the BIA processes an immigration appeal within six months. More complicated cases may take a year or more.
How a BIA Appeals Lawyer Can Help
Your BIA appeals lawyer delves into your case thoroughly to see if there are grounds for an appeal. That involves looking into the BIA’s precedents as well as their unpublished decisions. The latter often provides direction in case preparation. If there are grounds for an appeal, the attorney will submit evidence arguing why the judge’s decision was made in error.
What Happens If You Lose Your BIA Appeal?
Most BIA appeals do not succeed. However, if you lose, your lawyer can file an appeal with the Federal Court of Appeals. Only the Attorney General or a federal court can modify or overrule a BIA decision.
Schedule an Affordable Consultation Today
Bassey Immigration Law Center is a family-oriented law firm. We will do everything possible to solve your immigration issues and meet your needs. We educate, advocate, and navigate an often rocky, time-consuming legal process for clients from all walks of life. If you are facing deportation, you must act immediately to file a BIA appeal. Contact a residency appeals lawyer, FL, at Bassey Immigration Law Center for an affordable consultation.
About Bassey Immigration Law Center, P.A.
Bassey Immigration Law Center, P.A., led by attorney Aniefiok Bassey, provides comprehensive immigration services to individuals, families, and businesses in Florida and beyond. With over 20 years of experience, the firm assists clients with a wide range of immigration matters, from family reunification and green cards to business visas and deportation defense. The diverse, multilingual team is dedicated to supporting clients through the complex immigration process, with a special focus on citizenship, asylum, and LGBTQ+ immigration needs. They offer affordable initial consultations and are committed to delivering personalized, strategic guidance for achieving clients’ immigration goals.
