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:
- You or a loved one has received a final order of removal
- When your request to change or extend your visa status has been denied
- Your asylum application has been denied
Having a lawyer by your side can help you stay abreast of the instances in which you can apply an appeal to your case.
Requirements
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.
Frequently Asked Questions
Why would I file an appeal?
You file an appeal if you believe there was an error in how your case was decided, such as a mistake in the law, facts, or procedure.
When must an appeal be filed?
You typically have 30 days from the date of the decision to file an appeal, though some cases have shorter deadlines. Acting quickly is crucial.
How do I start the appeal process?
You begin by filing Form EOIR-26, Notice of Appeal, explaining why you disagree with the decision and paying the required filing fee or requesting a fee waiver.
Who reviews the appeal once it’s filed?
A panel of judges at the Board of Immigration Appeals reviews the case record, your arguments, and any supporting documents before making a decision.
What happens after I file my appeal?
The BIA will send a receipt notice, review your brief and the government’s response, and then issue a written decision—either affirming, reversing, or sending the case back to the lower court.
How long does the immigration appeal process take?
It varies widely, but most appeals take six months to two years, depending on the complexity of the case and the BIA’s caseload.
What if my appeal is denied by the BIA?
If the BIA denies your appeal, you can usually file a petition for review with the U.S. Court of Appeals in your jurisdiction within a limited time.
Can I stay in the U.S. while my appeal is pending?
In many cases, yes. Filing a timely appeal can automatically pause deportation until the BIA issues a final decision, though there are exceptions.
