Charlotte Immigration Appeals Lawyer

You may still have options after receiving an unfavorable decision regarding your immigration status. In certain cases, you have the right to appeal an immigration official’s decision to a higher authority.

If you received an unfavorable immigration decision, you should speak with a Charlotte immigration appeals lawyer as soon as possible. An attorney can advise you on applicable deadlines and other required information when submitting your appeal.

Eligibility to File an Appeal

An immigration appeal allows an applicant to request that a higher authority review the facts of their case and the original decision by a U.S. Citizenship and Immigration Services (USCIS) official.

You can appeal an immigration decision with either the USCIS Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA), which is an office within the Department of Justice. These entities have jurisdiction based on the type of immigration case.

A Charlotte immigration lawyer can advise you on the proper authority to appeal your decision. In general, the AAO handles appeals of USCIS decisions while the BIA handles reviewing cases that make it to immigration court.

When you receive your immigration case decision, the ruling will state whether you are eligible to file an appeal. The person who filed the original immigration petition is generally responsible for filing the appeal. For example, a U.S. citizen petitioning to sponsor a family member beneficiary must file an appeal if the application is denied.

When you appeal a case to the AAO, the USCIS office that made the original decision will conduct an initial field review. The office has 45 days to evaluate the appeal and make a decision on whether to take favorable action.

How to File an Appeal

The process of filing an appeal will depend on the specific type of immigration petition originally filed. When you receive your decision, the document should outline the process for filing your appeal.

If you need to appeal a USCIS decision, you will use a notice of appeal or motion  on Form I-290B. For appeals of immigration judge decisions to the BIA, the appeal is filed by utilizing Form EOIR-26 notice of appeal.

Timeline to File an Appeal

In most cases, the deadline to file an appeal is 30 days from the date of the decision, although certain cases can have a shorter 15-day deadline. Hiring a knowledgeable Charlotte immigration appeals attorney can help ensure you meet applicable appeal deadlines.

Required Documents

While you are not necessarily required to submit a legal brief when filing an appeal, filing a brief may help you present a stronger case. The application and brief should identify the erroneous conclusion or facts in the unfavorable ruling.

You may also need to submit supporting evidence or documentation with your appeal. Insufficiently stating the grounds for your appeal can lead to the dismissal of your case.

Common Grounds for an Appeal

Some common grounds for an appeal are incorrect interpretations of law or fact, procedural errors, or new evidence.

Timeline to Complete an Appeal

The timeline to complete an appeal can vary by the facts of the case. In general, the AAO seeks to complete an appellate review within 180 days of completing an initial field review.

Motion For Reopen, Reconsideration

Even if your decision states you are ineligible to appeal, a Charlotte immigration appeals attorney can tell you if you have the option to file either a motion to reopen or a motion to reconsider your case.

A motion to reopen your case means you are asking the immigration office to review its unfavorable decision. The motion to reopen must include new facts supported by affidavits or other evidence.

A motion to reconsider is another option if the applicant believes that the unfavorable decision was the result of an incorrect application of law or policy at the time of the decision.

A petitioner must support a motion to reconsider with new evidence or supporting legal citations to statutes, regulations or precedents that apply to the case.

Speak With a Charlotte Attorney Today About Your Immigration Appeal

If you believe that you or a loved one has received an unfavorable decision, you should speak with a Charlotte immigration appeals lawyer as soon as possible.

Hiring an attorney can help you present the best possible case when pursuing an appeal.