Philadelphia Immigration Appeals Lawyer
Receiving an unfavorable decision from an immigration official or a judge is disheartening. You might have prepared to settle into a new home when a judge suddenly orders your removal from the country. Although the situation might look hopeless, the reality is that you still have a chance to prevail by bringing an appeal. Countless people win immigration appeals every year, and you can, too. What you need is an experienced Philadelphia immigration appeals lawyer to help you through the process. Contact Ellenberg Law Group today.
What is an Immigration Appeal?
Immigration judges and officials sometimes make mistakes. Maybe they didn’t interpret the law correctly, or they overlooked key facts in your case. Whatever the reason, they made a mistake. An appeal is how you fix this mistake.
The appeals process is complicated. To win your case, you need to present a well-written brief, laying out the relevant laws and explaining how you deserve to win. You also need to know which court to file in. There are three different judicial bodies which might hear your appeal, depending on the substance of the dispute. You can appeal almost any immigration decision, but an attorney can dramatically improve your odds of success.
The Administrative Appeals Office (AAO)
This office handles appeals regarding denials from United States Citizenship and Immigration Service (USCIS) and can review:
- Applications for Temporary Protected Status
- Applications for Waivers of Inadmissibility
- Employment-based visa petitions, like I-140 or I-129
You must file a Notice of Appeal, Form I-290B, within 30 days of receiving a decision.
The Board of Immigration Appeals (BIA)
This board can review any decision made by an immigration judge or the Department of Homeland Security. They can hear appeals regarding many issues and are focused on establishing rules for the implementation of the Immigration and Nationality Act.
This court hears most challenges to removal orders and might be your last chance to win to halt a deportation. They are located in Virginia.
Federal Court of Appeals
These courts sit just below the U.S. Supreme Court. They can review a decision by the BIA if it involves important legal issues or an issue of Constitutional law. For example, your case might be heard if it involves allegations of unlawful treatment while in detention or whether you are even eligible to immigrate.
There are 12 Courts of Appeal around the country. You will file in the one that is closest to where you live. Some immigration issues ultimately end up before the Supreme Court—about two or three each year, recently. The Supreme Court has the final say on immigration issues.
Contact an Experienced Immigration Lawyer Today
No one should bring an appeal on their own. Judges expect a professional level of presentation, including familiarity with the relevant law. The government aggressively defends its positions, and the best way to level the playing field is to contact Ellenberg Law Group today. One of our Philadelphia immigration appeals lawyers will meet to discuss your case. We can analyze your chances of success on appeal so you make an informed decision.
