Anyone who receives a denial of their immigration petition or an unfavorable verdict in court has a legal right to challenge that decision through the formal appeals process. However, the process of pursuing an appeal can be just as complex as filing initial applications and petitions with U.S. Citizenship & Immigration Services (USCIS).
If you want give yourself the best possible odds for a positive case resolution after an initial rejection, you should strongly consider working with a Washington DC immigration appeals lawyer. Having a knowledgeable immigration attorney by your side can be essential to ensuring compliance with all relevant procedures and effectively arguing for your rights and interests.
Depending on the specific immigration-related decision someone wishes to appeal, they may need to initiate the appellate process with different federal entities. For example, an appeal of a decision by an immigration judge following a court hearing must proceed through the Board of Immigration Appeals, an agency that functions as part of the U.S. Department of Justice. This would apply to matters such as withholding of removal, deportation, denial of immigration bond, and many asylum cases.
Conversely, individuals who want to challenge a decision made by USCIS must pursue their appeal through the Administrative Appeals Office (AAO). The AAO has jurisdiction over about 50 different applications and petitions overseen by USCIS, including most types of nonimmigrant and employment-based immigrant visas, waivers of inadmissibility, permission to reapply for admission following deportation, and T and U visas.
If someone in Washington DC wants to appeal any Board of Immigration Appeals decision, a rejection by USCIS of a naturalization application, or resolve an unreasonable USCIS processing delay, they should proceed through the U.S. Court of Appeals for the District of Columbia Circuit. This court may also handle appeals contesting removal on constitutional or legal grounds, as well as issues involving unlawful detainment of an immigrant in federal custody.
Finally, appeals of removal orders based on “credible or reasonable fear” of persecution involve going before an U.S. immigration officer and then, if that officer makes an unfavorable decision, through an immigration judge. A Washington DC attorney could provide crucial guidance and support throughout any of these distinct immigration appeal processes.
In addition to strict rules and regulations for each unique type of immigration appeal, short time limits apply to these sorts of cases as well. In almost all circumstances, immigrants looking to appeal decisions to either the Board of Immigration Appeals or the Administrative Appeals Office must file that petition no later than 30 days following the original decision they want to challenge.
This leaves little time to build a cohesive and comprehensive case. In light of all this, assistance from a lawyer in Washington DC is a necessity when it comes to proactively appealing an immigration decision.
Effectively addressing matters involving immigration law can be difficult enough under the best of circumstances, even if you have previous experience dealing with USCIS and/or Immigration and Customs Enforcement. If your initial case does not go your way, seeking experienced legal representation may be your best means of continuing to move through the immigration.
A qualified Washington DC immigration appeals lawyer could provide the custom-tailored help you might need to turn an unfortunate ruling or decision back in your favor. Call today for a consultation.