Immigration Appeals Lawyers

Immigration Appeals Lawyers in the United States

When an immigration application is denied, the decision doesn't have to be final. An immigration appeal gives you a second chance to present your case before a higher authority. Thousands of applicants each year successfully overturn unfavorable decisions through the appeals process.

What Immigration Appeals Cover

Immigration appeals address denials and unfavorable decisions made by USCIS officers, immigration judges, and consular officials. Common cases include appeals of denied visa petitions, asylum claim rejections, removal orders, and adjustment of status denials.

The Board of Immigration Appeals (BIA) handles most administrative appeals and reviews roughly 35,000 cases per year. Appeals can also reach federal circuit courts when the BIA upholds a denial. Some cases involve motions to reopen or reconsider, which follow different procedural rules than direct appeals.

When to Hire an Immigration Appeals Lawyer

• You received a denial from USCIS and believe the officer misapplied the law or ignored evidence
• An immigration judge ordered your removal and you want to challenge the decision before the BIA
• Your green card or naturalization application was denied and you need to file a Form N-336 hearing request
• You missed a filing deadline and need to argue for an exception or file a motion to reopen
• A prior attorney mishandled your case, and you need someone to identify errors on appeal

How the Immigration Appeals Process Works

After receiving a denial, you typically have 30 days to file an appeal with the appropriate body. For BIA appeals, you submit Form EOIR-26 along with a filing fee. The timeline is strict — miss the deadline and you lose your right to appeal.

Once filed, you or your lawyer prepares a written legal brief arguing why the original decision was wrong. The BIA reviews the record from the lower proceeding without holding a new hearing in most cases. A decision from the BIA can take anywhere from 6 months to over 2 years. If the BIA rules against you, you may petition a federal appeals court for review.

How Outcomes Are Determined in Immigration Appeals

• Reversal — the appellate body overturns the denial entirely and grants the benefit you originally requested
• Remand — the case gets sent back to the immigration judge or USCIS officer for a new hearing with specific instructions
• Sustained denial — the original decision stands, but you may still have options at the federal court level
• Voluntary departure — in removal cases, you may negotiate the ability to leave the country without a formal deportation order on your record

Frequently Asked Questions

Can I stay in the United States while my appeal is pending?

In most cases, filing an appeal with the BIA pauses a removal order while the case is under review. This isn't automatic in every situation, so confirming your specific status protection matters. If your appeal reaches federal court, you may need to request a separate stay of removal.

What are my chances of winning an immigration appeal?

Success rates vary by case type and circuit court. Historically, the BIA reverses or remands roughly 10-15% of cases it reviews. Federal circuit courts grant relief in a higher percentage of petitions, particularly when legal errors are clearly documented in the record.