Frequently Asked Questions About Immigration Appeals
Questions & Answers About the Appeals Process
Did an immigration judge rule unfavorably against your case? You might have an opportunity to appeal their decision. But appeals require extensive knowledge of California’s immigration law policies and regulations. At The Law Offices of Todd Becraft, we’ve prepared clients for all aspects of immigration.
Appeals usually get granted after a judge provides their final decision on deportation and removal or other circumstances that would require you to leave the U.S. Due to the backlog of appeals in Los Angeles and throughout the U.S., submitting a request will take ample time. For more insight into the process, we answer the most frequently asked questions regarding appeals below.
What is an appeal?
An appeal is an official request for immigration officials to revisit their decision. If you face a deportation order or your immigration case is closed, you should seek legal immigration help in Los Angeles.
Can beneficiaries of a visa petitioner file an appeal or motion?
Typically, the petitioner is the only person who can file an appeal or motion for a denied or revoked visa. Beneficiaries cannot file unless they are both petitioners and beneficiaries. It is common in VAWA cases or circumstances where immigrants have lost a spouse (U.S. citizen).
Beneficiaries of Form I-140: Immigrant Petitions for Alien Workers are limited to file an appeal in a revocation proceeding. To do so, they must meet specific requirements before submitting a request.
How much time do I have to file an appeal?
An appeals attorney in LA would strongly advise you to file an appeal within 30 days from the date of an immigration judge’s order. The Board of Immigration Appeals (BIA) must receive it within that period, or officials will not accept the request. In some cases, petitioners have a shorter deadline (15 days), so be mindful of that.
Failing to fill out the request correctly, adding an incorrect mailing label, not including postage, or other minor mistakes can significantly delay delivery. Because there are no extensions, it is best to consult with an immigration appeals lawyer to help guide you through the process.
Where can you file an appeal?
To appeal, immigrants must file it through the BIA, located in Falls Church, Virginia. There are various ways to send in your written appeal request.
If you choose to deliver it through a courier service, express, or same-day delivery, it will go to the following address: Board of Immigration Appeals Office of Chief Clerk 5107 Leesburg Pike, Suite 2000 Falls Church, VA 22041
Those sending their appeal through the U.S. Postal Service via priority, certified or registered mail should send it to this address instead: Board of Immigration Appeals Office of the Chief Clerk Post Office Box 8530 Falls Church, VA 22041
Note: Hand deliveries are not permitted, as you cannot visit the BIA personally.
Are briefs required with the appeal?
No! Briefs are not required with the appeal, but you can submit one if you feel it helps your case. You must indicate which area of law, practice area, or decision was unfavorable. Be mindful that without a complete explanation, they can deny your opportunity to appeal. Before submitting a brief, consult with your attorney for immigration appeals in LA first.
What happens when the BIA receives the appeal?
After the BIA receives your appeal, a notice will get sent to you within two weeks. If you don’t hear back, reach out to their office for a direct update. If accepted, applicants will receive a new hearing date. It can take several months to a couple of years before they make a final decision.
Make sure to stay in the U.S. while your appeal is pending. Traveling abroad will prompt the BIA to cancel your request.
What is a motion to reopen?
A motion to reopen is a request for the immigration court to review an unfavorable decision of a closed case with new evidence. You must incorporate further information or facts that demonstrate you are eligible to remain in the U.S.
What is a motion to reconsider?
A motion to reconsider is requesting the immigration office to review their decision based on the incorrect application of law or policy. It implies the ruling was wrong – however, you must cite the correct statute, policy, or regulation. Without immigration help for appeals in LA, it will be challenging. We strongly advise you to avoid doing this alone, especially if you are not well-versed in American law. They do not consider new facts in this circumstance.
Need Immigration Assistance?
If you have questions about the appeals process, we’re here to help! Because this is a time-sensitive case, you should immediately speak with an immigration appeals lawyer in Los Angeles. We have helped thousands of clients on their path to citizenship in the U.S.
About The Law Offices of Todd Becraft
At The Law Offices of Todd Becraft, our immigration attorneys recognize how overwhelming the visa, immigration, and naturalization processes can be. Each client deserves an individualized approach that pertains to their unique situation. When you choose us – you can expect a thorough analysis of your case, extensive preparation, combined with our years of experience and expertise. Our commitment to excellence and thoughtful approach to various immigration matters set us apart from other law firms. En Español.