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Immigration Lawyer
San Diego

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An unfavorable decision from U.S. Citizenship & Immigration Services (USCIS) or another federal entity responsible for enforcing United States immigration law can have a life-changing impact on you. In certain cases, it can also have a major impact on your family. Fortunately, it is possible to appeal a decision made regarding certain immigration matters to higher authorities within the federal government, who may be able to resolve procedural and personal errors.

No matter what type of appeal you want to pursue, having help from a San Diego immigration appeals lawyer is absolutely essential to achieving a positive resolution. Appellate processes for immigration cases can be specific and complex, and individuals who proceed with appeals without a qualified immigration attorney’s support often have slim odds of getting a decision reversed.

Agencies with Authority Over Immigration Appeals

Most immigration appeals proceed through either the Board of Immigration Appeals (BIA) or the Administrative Appeals Office (AAO), the former of which has greater authority than the latter. A San Diego attorney can explain in more detail how these entities work, and provide guidance about how to interact with during the immigration appeals process.

The BIA is part of the U.S. Department of Justice and primarily handles appeals of rulings made by judges in immigration courts. Anyone who wants to appeal a deportation order or continue the process of seeking withholding of removal after an initial rejection would need to pursue an appeal through this Board. The BIA also:

  • Oversees appeals for most asylum cases
  • Decides whether immigration cases that were previously closed should be reopened
  • Have the authority to overturn denials of immigration bonds

Conversely, the AAO is responsible for processing appeals of decisions made by USCIS. This means that anyone who is dissatisfied with the outcome of an immigrant or non-immigrant visa application—including people applying for fiancé(e) visas, T visas, or U visas—generally must appeal their case to this Office. Other appeals that the AAO handles include those pertaining to Temporary Protected Status application, waivers of inadmissibility, and permission to reapply for admission into the U.S. after prior removal.

When Can Immigration Matters Be Appealed Directly to Courts?

In some cases, claimants can progress their appeal past an unfavorable decision from the BIA or from USCIS in certain cases up to a federal appellate court. Specifically, that refers to the 9th Circuit Court of Appeals for claimants in San Diego and elsewhere throughout California. This court may also hear cases involving unreasonable USCIS processing delays, naturalization application denials, unlawful confinement, and certain denials of removal orders.

Finally, anyone who fears they would be subject to torture, persecution, or some other form of severe harm following expedited removal or summary deportation to their country of origin may seek a review of their case by an immigration officer. Subsequently, they can appeal an unfavorable decision by that officer to an immigration court. There are no further appeals possible after that immigration court’s decision, so representation from a lawyer in San Diego can be particularly important in this situation.

Discuss Legal Options with a San Diego Immigration Appeals Attorney

The specific steps involved in an appeal of a negative immigration case result will vary substantially depending on exactly what the case involves. It will also depend on whether the claimant has filed any other appeals over the same matter. Regardless, legal representation is almost always a requirement for anyone who wants to maximize their chances of appealing their case successfully.

A capable San Diego immigration appeals lawyer could provide the skills and support you need to effectively protect your rights. Call the Hacking Immigration Law, LLC today for a consultation.

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a HIL immigration attorney in
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Navigating the maze of U.S. immigration law can be tricky for anybody, especially if English is your second language or you have unique circumstances motivating you to move here. Fortunately, if you are unsure about any areas of immigration or the naturalization process, help through an immigration lawyer (San Diego) is available at the Hacking Immigration Law LLC.

Retaining one of our dedicated San Diego immigration lawyers could help you both with USCIS and other U.S. immigration authorities. To find out how immigration attorneys could help you with your specific case, call us today to schedule a consultation.
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Sriram Devanathan

im is a great attorney who always has his human side “ON”. The clients come first to him. When approached for time sensitive issues, he was readily available and was prompt. I have had to reach out to him for myself & have recommended him to others. He always welcomed everyone and gave patient hearing. And he would not mind recommending other attorneys’ if he feels that they would better serve that particular case. Even if it means one less client for him. That sums up who Jim is. Thank you Jim!

Justin Charboneau

Jim and his team are extremely knowledgeable individuals. It is great to have someone like this on your side. I have and will continue to recommend Hacking Law Practice, LLC to anyone who needs legal advice on immigration issues.

Bouchra Aanouz

This firm was amazing helping me with my husband’s case. Jim and his team were very responsive to all my questions and concerns. i wish I had consulted them earlier as my husband’s case was stuck in Administrative Processing for over a year and a half. Two months after I gave my case to Jim, my husband was granted his visa. Would definitely recommend them and already have recommended them to my friends.

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Got Questions? We’ve Got Answers

The attorneys at the Hacking Immigration Law are dedicated to helping the foreign-born people of St. Louis to live and work in the United States. This dedication is reflected in the kind and grateful words of the clients they have helped. Read what others have to say about the hard work that the Hacking Immigration Law has done to help those in St. Louis.

Does paying for premium processing on an H1B case mean I will find out sooner if our case was selected in the lottery?

Premium processing is an add-on service that USCIS offers for a variety of immigration cases, primarily in the employment-based visa categories.Premium processing costs an additional $1225 in USCIS filing fees.

What is the H-1B visa lottery and how does it work?

In 2014, USCIS received more than 172,000 H-1B visa applications on the April 1st deadline, exceeding Congress’s cap by 87,000 applications.

Can an Unmarried Son or Daughter of a Lawful Permanent Resident Keep Their F2B Visa Classification After Their Sponsoring Parent Naturalizes?

The immigration laws treat the adult, unmarried children of citizens differently than the adult, unmarried children of lawful permanent residents.

What is the "newspaper of general circulation" for PERM job postings?

The Department of Labor requires employers to advertise positions that they intend to submit a PERM application on to publish the job position in the local newspaper of general circulation.

Can I Apply for Citizenship with an Expired Green Card?

In the past, USCIS and some immigration attorneys believed that you could not become a naturalized citizen if you did not have a valid green card (LPR) card to bring with you to your naturalization interview.

Is there such a thing as expedited removal of an immigrant and, if so, what is it?

Most people believe that removal orders or “deportation” orders only happen when you go to the immigration court and see an immigration judge. Unfortunately, this is not the case.

Does testing positive for HIV make someone inadmissible to the United States?

On January 4, 2010, the United States officially removed Human Immunodeficiency Virus (HIV) infection from the list of “communicable diseases of public health significance” that make an individual ineligible for admission to the United States.

Are there any special visas for translators who assisted US forces in Afghanistan or Iraq?

Under United States immigration law, there are two Special Immigrant Visas available for Iraqi citizens or nationals who have worked for the United States.