Tips for Preparing an Immigration Appeal
If your immigration application is denied, you still have an opportunity to file an appeal to a different authority to review an unfavorable decision; as per the U.S. Citizenship and Immigration Services (USCIS), “You may appeal certain USCIS decisions to the USCIS Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA), an office within the Department of Justice.” The top tip for preparing an immigration appeal is to retain an experienced lawyer.
Immigration appeals are complicated. An immigration lawyer at Bassey Immigration Law Center can help you draft an appeal and advise you throughout the process. Our ethnically diverse, multilingual team of lawyers is especially inspired by clients with citizenship goals. We always welcome the opportunity to help you build your life in the U.S.
Understanding Why the Immigration Application Was Denied
Before filing an appeal, you must understand why your application was denied or rejected. Sometimes, it is simply a matter of missing documentation. Much depends on the individual circumstances surrounding your case. Your lawyer will explain why your application was denied and what to do going forward.
If there are new facts that affect your case, your attorney can file a motion to reopen. New facts generally consist of previously unsubmitted and relevant information.
Explaining Why the Judge Made an Incorrect Decision
One of the most critical aspects of an immigration appeal is stating clearly why the immigration judge’s decision was incorrect. For example, the judge may not have believed your story in an asylum case, called an “adverse credibility finding.” In that situation, you must show why your circumstances are credible.
A motion to reconsider requests that the AAO review its decision based on incorrect legal or policy applications. Your attorney must specifically reference any erroneous conclusion of law or correct any mistaken statement of fact in the brief accompanying the appeal.
In addition, your lawyer will create a compelling narrative to persuade authorities that your appeal should be approved. The outcome of your case often depends upon the skill of your counsel.
Meet All Deadlines
There is not much time to file an appeal–miss a deadline, and the entire process is jeopardized. Generally, it must be filed within 30 days of the decision date. A revocation of approval of a decision has a deadline of just 15 days.
The Board of Immigration Appeals (BIA) must receive your Notice of Appeal by the 30th day. It is not a matter of mailing the documents by that date. The BIA will not consider an appeal if it is not received in time. That means the immigration judge’s decision stands. Your attorney will ensure that your appeal is filed correctly and in a timely manner.
Contact an Immigration Appeals Lawyer
If your immigration is denied or rejected, you need the services of an immigration appeals lawyer at the Bassey Immigration Law Center. Look to our knowledgeable law firm for thoroughly researched recommendations, workable strategies, and responsive service throughout the immigration process. You can count on us for full accessibility to your suggestions, questions, and concerns. Schedule an affordable consultation today to discuss your case and your options.
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.