If you have just undergone a difficult court trial concerning your request for an immigration benefit, receiving a denial is devastating. However, The Law Office of Jason A. Dennis is here to help you through this complicated immigration process. Even if you received a denial or a negative response from the legal system, it’s crucial to know that you still have legal options. Whether you have been denied a green card, a temporary visa, labor certification, or citizenship, you can appeal the denial. Even if the judge has already ordered your deportation, you may overturn the decision by getting in touch with our immigration appeal attorney as soon as possible. It’s imperative to note that you must file an appeal within 30 days. Thus, you must contact an immigration appeal lawyer immediately.
Our team of experienced immigration attorneys will take your appeal case to the Board of Immigration Appeals (BIA) first, then to the federal courts, and to the Supreme Court. That said, you mustn’t wait. The time to act is now. Sit down with a seasoned New York immigration lawyer from our firm by contacting us today for your free initial consultation.
The first step in appealing an unfavorable outcome by the United States Citizenship of Immigration Services (USCIS) is to file your Notice of Appeal within 30 days after the final verdict. This is often done with an I-290 Notice of Appeal, which you’ll file with the Administrative Appeals Office (AAO). The Administrative Appeals Office reviews your appeal application and accepts your Notice of appeal. Then, your Notice of Appeal is forwarded to the Board of Immigration Appeals (BIA) or the AAO, who will hear the appeal.
The second step is to file an elaborate brief explaining why the BIA or AAO should reverse the verdict you’re seeking to have changed. Typically, the appeal is decided based on the briefs without oral submissions being required, unless the issue is complicated, crucial, or unusual.
The grounds for review of a decision from the USCIS or other government agencies are limited to questions such as whether the agency abused its discretion, made an error of law or procedure, or violated your constitutional rights in its initial decision. An appeal is not a chance to have the case heard again.
If you’re appealing a judgment from a legal proceeding, such as a deportation/removal case or bond hearing, it’s crucial to reserve your appeal as soon as possible and then ensure your Notice of Appeal is prepared and filed on time. In these matters, you must file an EOIR 26 Notice of Appeal with the BIA within 30 days of the decision, before the judgment is finalized.
Some of these forms are very complex, your success depends on following the right procedure and preparing your case thoroughly, accurately, and persuasively. Having an experienced immigration appeal lawyer representing you can increase the likelihood that your appeal will be heard in time.
You can appeal various immigration matters, including:
Appeals may come from immigration court judges, USCIS administrative decisions, or detention center officials. Besides the BIA and AAO hearings, appeals can also be made to the U.S. Supreme Court and the federal circuit courts of appeals.
The cost of green card applications or other services varies from state to state. If you’re in deportation or removal proceedings in immigration court; for instance, the immigration appeal lawyer may charge according to what they think needs to be done. This includes the cost of negotiating with the government attorney, filing motions, bond hearings, appearing with you in court, and the cost of filing different applications for relief from removal. The total fee in a simple deportation case might be as low as $1,500, or in a complex immigration matter, the cost may be higher than $10,000.
If the immigration appeal lawyer quotes an hourly rate instead, the cost of your case may range between $100 and $350 per hour.
Immigration lawyers who work for larger law firms may charge more than attorneys who work with a smaller firm or on their own. Big immigration law firms may have overhead expenses they need to recover, and these costs may get passed on to you. Larger immigration law firms often hire reputable immigration appeal attorneys who have extensive immigration resources and support from their law firm at their disposal, so you’ll receive good legal representation in most cases.
There are many reputable immigration lawyers in New York who don’t work for big law firms. Some have become so famous that they can charge higher rates. Immigration law is a legal practice where experience matters—this field is so complex that it takes several years to understand the ins and outs.
However, if you find an immigration appeal attorney who charges less, it doesn’t mean they are not good or experienced—some immigration attorneys keep their overhead cost low, still establishing their name in the business, or philosophically opposed to charging high rates.
The attorneys who charge high rates aren’t always the best ones, either. Then again, a low fee could be a sign that the potential lawyer isn’t the right one. Always check the attorney’s bar membership, and never hire a “consultant,” or another pretender, unless he or she is a qualified paralegal working under an experienced attorney’s supervision.
The appeals process might not be your only legal option or even the best option in your case. Sometimes, it’s in your best interest to file a motion asking USCIS to reopen or rethink an unfavorable decision. Evidence and facts supporting such a motion include changed circumstances that affect your case or the discovery of additional evidence. Also, there might be new legal arguments to make, especially if the previous decision was made improperly.
The experienced immigration advocate at The Law Office of Jason A. Dennis will analyze the entire immigration process and advise how to appeal an unfavorable decision. Our skilled immigration lawyers in NYC have helped thousands of clients with immigration matters get a favorable ruling and we can help you, too.
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