Board of Immigration Appeals

Share on facebook
Share on twitter
Share on linkedin
Share on whatsapp
Share on telegram
Board of Immigration Appeals

Board of Immigration Appeals

In the US, not all matters related to immigration require court time. In most cases, you have to fill out forms and file the correct documentation, which can itself be a lengthy task. However, if the decision for an application comes back negative and the applicant desires re-evaluation, the applicant must file an appeal. The appeal can eventually move to the Board of Immigration Appeals (BIA), which is the highest body that can apply immigration laws in the US, unless circumstances allow for the case to go through the appellate courts.

Seal of the United States Department of JusticeThe BIA is part of the Department of Justice and can review the decisions in immigration courts, those related to violations under Immigration and Border Enforcement (ICE) and Protection, as well as other decisions under citizenship and immigration. The BIA conducts appeals through a paper review, thereby not needing to go through a court process. Many of the cases the BIA handles to deal with the impending removal of immigrants and reconsideration of immigration decisions. In order to argue a case in front of the BIA you do not need to be an immigration lawyer; however, those who are not lawyers must have other relevant accreditations.

Any decision reached by the BIA is binding on all immigration judges and officers. However, as previously mentioned, if the decision is appealed through the federal appellate court system, it is possible for a federal judge to overrule the BIA’s decision. The BIA itself is made up of Board Members who manage the process and is currently located in Virginia. The members are judges who have been appointed to these positions by the Attorney General.

You might also read
All About Notice of Intent to Deny
All About Notice of Intent to Deny

Are you relaxing that you have successfully filed your immigration petition and will soon enter the US? A Notice of Intent to Deny (NOID) can interrupt your happy time, and you may find yourself tangled in a complicated immigration issue. The best way to avoid any confusion is to know what a NOID is and what to do if you have received a NOID from the USCIS. This article provides detailed information to help you prevent confusion.

Immigration Appeal: What It Is an and How It Works
Immigration Appeal: What It Is an and How It Works

Has the USCIS denied your immigration application for the grant or extension of a visa? Are you unhappy or unsettled with the USCIS decision and are curious whether you can do anything or not? The answer is yes! You may be eligible to file an appeal or a motion on an unfavorable decision by an immigration department. This article will discuss the immigration appeal, your rights, and how you can file an immigration appeal. 

Types of Immigration Appeals
Types of Immigration Appeals

Generally, immigration appeals are filed to review and hopefully alter the immigration court’s initial decision on a certain case. There are different types of immigration appeals depending on what is the appeal for and where is it being filed.

Let us work on your case

Or simply fill out the form and one of our attorneys will get back to you pretty shortly.

Sethi Footer
We're Here
To Assist You

Subscribe to Sethi & Mazaheri’s monthly newsletter and receive important immigration-related  updates.

Skip to content