How Our Law Firm Can Help Your Appeal Process

The Winterberg Law Firm, P.C. is experienced in interpreting and analyzing immigration laws. We are prepared to assist individuals who have received a negative decision from an immigration judge by personalizing your case and discussing your options so that you know what to expect every step of the way.

The Appeals Process: Explained

Individuals are obliged to file an appeal within 30 days from the date of the decision. USCIS may also file a Request for Further Evidence or an Intent to Deny, which usually requires a response between 30 to 90 days. The notice in the mail that USCIS sends always gives you the time frame, but it varies. 

The Types of Appeals We Work With

There are different appellate processes that immigrants must go through in order to receive satisfactory results. These appeals depend on the nature of the immigrant’s petition. The Winterberg Law Firm, P.C. is equipped to assist with the following appeals: 

  • Board of Immigration (BIA)
  • Motions to Reopen/Motions to Reconsider
  • USCIS Representation (also for affirmative relief)

Appeals Timeline

For appeals, it could take up to 180 days for appellate completion and review, including the time a case file is received after the initial review. It can sometimes take than 180 days for appeals to be processed, but we will to the best of our ability to stay on top of your case and demand results.

Federal Appeals Laws

The federal court can only review specific constitutional claims and questions of law. In addition to challenging BIA decisions, federal courts are able to challenge the following matters:

  • Unreasonable delays by the USCIS in adjudicating an application or petition
  • Denial of an application for naturalization by the USCIS
  • Unlawful confinement of someone in immigration custody 
  • Removal order denied on legal or constitutional grounds

Your Appeals Rights

An appeal is applicable in the following circumstances:

Having a lawyer by your side can help you stay abreast of the instances in which you can apply an appeal to your case.


According to the USCIS, the time period for filing most appeals is, on average, 30 days. Appellants must file the Form I-290B within 30 calendar days after personal service of the decision or 33 calendar days if the decision was mailed. Additionally, an appellant must file an appeal of a USCIS decision to revoke the approval of an immigrant petition upon notice.

Immigration Help Available at Our Law Firm

At the Winterberg Law Firm, P.C., we have the discipline and determination it takes to grant you the opportunities you’ve been waiting for. Contact us today for an initial consultation and to discuss your options regarding naturalization, U.S. employment, and more.

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Victoria Winterberg

Ms. Winterberg’s law school experience began after joining the Law School Preparation Institute while being a student at the University of Texas at El Paso. She then attended law school at Washburn Univesity School of Law before formally beginning her career. 

Leveraging a unique cultural background and approach to law, Ms. Winterberg uses her expertise in immigration law to bring people together. She has extensive work in all areas of immigration law and has helped countless people win cases and thrive. Immigration-related cases often involve the most vulnerable in the community, and our firm is driven by our ability to protect our clients and their families with each and every case.