Fairfax County Immigration Appeal Lawyers

Unfortunately, immigration courts sometimes don’t make favorable decisions. That said, just because you’ve received an unfavorable decision on your immigration case doesn’t necessarily mean you’re out of options. Contact the knowledgeable and skilled Fairfax County immigration appeal lawyers here at Goel & Anderson for comprehensive representation today.

When Can I Appeal an Immigration Decision?

You may be eligible to appeal an immigration decision if you believe there was an error in the decision-making process or if new evidence has come to light. Some scenarios where an appeal might be warranted include:

• Denial of an Adjustment of Status Application: If your application to adjust your status to lawful permanent resident (green card holder) has been denied, and you believe that the decision was made in error, you may have grounds for an appeal.
• Denial of an Asylum Claim: If your request for asylum was denied, either due to a perceived lack of credibility or insufficient evidence, and you believe the decision was unjust, you can file an appeal.
• Revocation of a Visa or Green Card: If your visa or green card was revoked due to alleged fraud, criminal activity, or other reasons, but you believe the revocation was incorrect or unjust, you may appeal the decision.
• Order of Deportation or Removal: If an immigration judge has issued an order for your deportation or removal, you can appeal the decision if you believe the judge made a legal error or if new evidence supports your case.
• Denial of a Waiver of Inadmissibility: If you applied for a waiver to overcome grounds of inadmissibility and the waiver was denied, you may appeal if you believe the decision was not in accordance with the law.
• Denial of a Family or Employment-Based Petition: If a petition filed on your behalf by a family member or employer has been denied, and you believe the denial was based on an incorrect interpretation of the law, you may file an appeal.
• Decisions by USCIS or Immigration Judges that Result in Unfavorable Consequences: If you received any unfavorable decisions from USCIS or an immigration judge that significantly impact your immigration status or future in the United States, and you believe the decision was unjust or based on incorrect information, an appeal may be the appropriate course of action.

What is the Appeals Process Like?

Appealing an immigration decision is a complex process that requires careful attention to detail and strict adherence to deadlines. The process typically involves the following:

1. Consultation with an Immigration Lawyer: The first step is to consult with a knowledgeable team of immigration lawyers who can assess your case and determine if there are valid grounds for an appeal. This consultation is crucial for understanding your options and the likelihood of success.
2. Filing a Notice of Appeal: If you decide to proceed, the next step is to file a Notice of Appeal with the appropriate body, such as the Board of Immigration Appeals (BIA). This notice must be filed within a specific timeframe, usually 30 days from the date of the decision you are appealing.
3. Preparation of the Appeal Brief: After filing the notice, you or your lawyer will need to prepare an appeal brief. This document outlines the legal arguments and cites relevant evidence that supports your case. It’s essential to present a compelling argument that highlights any errors made in the original decision.
4. Submission of Supporting Evidence: Along with the appeal brief, you may submit additional evidence that was not considered in the original decision. This could include new documents, expert testimony, or other forms of evidence that strengthen your case.
5. Review by the Appeals Body: The appeals body, such as the BIA, will review your appeal. This review process can take several months or longer, depending on the complexity of the case and the caseload of the appeals body.
6. Oral Arguments (if applicable): In some cases, the appeals body may schedule an oral argument, where you or your lawyer will have the opportunity to present your case in person. This is less common but can be a critical component of the appeal process.
7. Decision on the Appeal: After reviewing the case, the appeals body will issue a written decision. The decision will either uphold the original ruling, overturn it, or remand the case back to the original court or agency for further consideration.
8. Further Appeals (if necessary): If the appeal is denied, you may have the option to appeal to a higher court, such as a federal circuit court, depending on the nature of the case and the specific legal issues involved.
9. Implementation of the Decision: If the appeal is successful, the next steps will involve implementing the decision, which could include reopening your case, adjusting your status, or other actions depending on the nature of the appeal.

Contact Our Immigration Appeal Lawyers Today

Don’t go through the immigration appeals process alone–a steadfast legal advocate in your corner can make a world of difference. Contact the skilled Virginia immigration lawyers here at Goel & Anderson so we can effectively guide you, every step of the way.