What Happens if I Lose My Immigration Appeal? 

Losing your immigration appeal can be frustrating and disappointing. Still, if you are represented by an attorney who is recognized as the best immigration appeals lawyer, FL, your case is rarely at an end.  

For more than 20 years, the attorneys at the Bassey Immigration Law Center in Tampa, Florida, have helped immigration applicants overcome immigration denials at all stages of the U.S. residency application process. Whether you pursued your immigration case on your own or were assisted by somebody else, we can take a fresh look at your case and recommend steps you may be able to take after the Board of Immigration Appeals (BIA) has affirmed an immigration judge’s denial of your residency application. 

What are your options if you lose your immigration appeal?  

If an immigration judge or the BIA made a clear error in applying or interpreting the law to the facts of your case, you could file a motion for reconsideration.  The more common option is to file an appeal with a Federal Appellate Court. In Florida, you would submit this appeal to the United States Court of Appeals for the Eleventh Circuit.   

Motions for reconsideration and appeals to a Federal Court are based entirely on the facts that supported your original residency petition, and you would have no opportunity to add new evidence or information to your file. Because of this limitation, you should hire an immigration appeals attorney, FL to prepare the strongest possible argument to support your appeal. 

What happens if you do nothing after you lose your immigration appeal? 

Once the BIA ruling becomes final, immigration officials can deport you from the U.S. at any time during the 90-day removal period that begins with the date of that final ruling. You can prevent your deportation by filing a petition with the Federal Appellate Court along with a Motion to Stay. Still, you must file that petition within 30 days after the BIA issues its ruling. Your Motion to Stay must explain why you should be allowed to remain in the U.S. while the Appellate Court considers your case. 

How long will it take the Federal Appellate Court to rule on your case? 

Federal courts handle an immense volume of immigration appeals, and a year or two might pass before the court rules on your case. Unless your appeal is further denied, the Appellate Court ruling might allow you to remain in the United States, or it might transfer your case back to the BIA or the immigration judge for reconsideration given the Appellate Court’s analysis of how your case should be handled under prevailing immigration laws.  

Call the Immigration Attorneys that Floridians trust 

The immigration appeal attorneys at the Bassey Immigration Law Center in Tampa, Florida provide comprehensive immigration appeal services that include complete reviews of rulings from immigration law judges and the BIA, and recommendations about the most favorable options to appeal those rulings. 

Please call us for assistance with your residency petition at any stage of your residency application process. Remember — you have a very short time to pursue further options after the BIA has ruled against you.  Do not hesitate to call us as soon as you receive an adverse decision.