Immigration Appeals

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You have a limited window of opportunity to file your appeal!

The Appellate team at Sethi & Mazaheri represent clients throughout the United States in appeals to USCIS, the Board of Immigration Appeals (BIA) and the Federal Circuit Courts of Appeals, regarding denials of applications for visas or immigration benefits, deportation orders and more.

IMMIGRATION APPEALS THROUGHOUT THE U.S.

When you have received a denial or adverse ruling on any aspect of your immigration case, you have a right to retain legal representation to appeal the decision with the USCIS Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA).

The Board of Immigration Appeals is the highest administrative tribunal for interpreting and applying immigration laws. It has nationwide jurisdiction to hear appeals from decisions rendered by Immigration Judges and certain decisions made by the Department of Homeland Security. The Board is located in Falls Church, Virginia, at the headquarters of the Executive Office for Immigration Review, close to our Arlington, VA office.

Due to the complexity of immigration and nationality laws, the Board recommends that those who can obtain professional representation do so. Unlike criminal proceedings, the government is not obligated to provide legal counsel to aliens in immigration proceedings. The team at Sethi & Mazaheri has extensive experience in filing appeals and is well-positioned to represent you throughout the appeals process, fighting to achieve a favorable outcome.

You have a limited window of opportunity to file your appeal—30 days or less in some cases—so it is important to take action immediately. We can represent you in any type of appeal, including the denial of an immigrant visa (green card) or non-immigrant visa. Furthermore, our attorney has extensive experience in appealing orders of removal/deportation issued by Immigration courts.

Depending upon the nature of your matter, there may be forms to file, such as:

N-336 Request for a Hearing on a Decision in Naturalization Proceedings
I-290B, Notice of Appeal or Motion to the USCIS Administrative Appeals Office (AAO)
EOIR-26 Notice of Appeal from a Decision of an Immigration Judge
EOIR-29 Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer

WHAT KINDS OF IMMIGRATION MATTERS CAN BE APPEALED?

An appeal is not a new hearing, and you will not have the opportunity to introduce new evidence. It is a review of the previous hearing, during which the judge will examine the ruling and the evidence to determine whether the decision was arrived at by following proper procedure. If it appears that you were given an unfair hearing, the judge may order a new one or may issue a new ruling. In the event that your first appeal is unsuccessful, it may be possible to go to a higher court. Our mission is to use our experience to effectively represent our clients, and we will work tirelessly to help you secure the ruling that you deserve.

APPEALING IMMIGRATION RULINGS

A wide variety of immigration matters can be appealed, including:

Denial Of A Non-Immigrant Visa Application, such as H-1Bs, O-1s, L-1s, etc…
Denial Of An Immigrant Visa or Green Card Application
Denial Of A Labor Certification
Denial Of Naturalization
Orders of Deportation/Removal

Appeals may come from USCIS administrative decisions, Immigration Courts or, in certain cases, the Department of Homeland Security. In addition to BIA and AAO hearings, appeals may also be made to the Federal Circuit Courts of Appeals and even the U.S. Supreme Court.

THE LAW ON IMMIGRATION AND FEDERAL COURT LITIGATION

Federal immigration appeals can apply to any case, but most often involve very serious matters, such as:

Asylum
Deportation, Removal, Exclusion
Denials of Green Card and Citizenship Applications
Criminal Charges impacting one’s status

After the Board of Immigration Appeals denies your case, you can file a Petition for Review with the federal appellate court having jurisdiction over the case. This generally must be done within 30 days of the Board’s decision.