Board Of Immigration Appeals
Immigration Appeal Lawyer
If you are facing a deportation order or had your immigration application or petition denied, an immigration appeal attorney in Colombus, OH can help you appeal that decision with the Board of Immigration Appeals. Contact Nesbit Law Office to learn more.
What Is the Board of Immigration Appeals (BIA)?
The Board of Immigration Appeals (BIA) is part of the Department of Justice. It serves as the highest court for addressing immigration law and related issues. If an immigration judge makes a ruling that is contrary to law, you and your attorney can appeal that decision with the BIA. The BIA would review your case and determine if the immigration judge made any mistakes.
The BIA only hears appeal cases from immigration judges. It doesn’t hear cases and appeals from the U.S. Citizenship and Immigration Services (USCIS). USCIS cases must be appealed to the Administrative Appeals Office (AAO).
What Decisions Can You Appeal With the BIA?
The BIA handles an array of immigration cases, including the following:
- Deportation cases (including orders of removal and applications for relief from removal)
- Bond hearings
- Delay or denial of citizenship
- Most asylum issues (but not all)
- Motions to reopen or reconsider decisions previously rendered
- Waivers of inadmissibility
- Family-based immigration petitions
- DHS fines and penalties
- Visa petitions (including issues related to aliens and relatives applying for admission)
The BIA does not review decisions that deal with:
- Petitions for asylum based on credible fear or reasonable fear in one’s own country. If you are dealing with a credible or reasonable fear case, then you would take such a case to the USCIS.
- Decisions made against people who have already been deported. If your loved one has already been deported, you must appeal to the AAO.
- Visa petitions and DHS denials for adjustment of status. The AAO handles these cases as well.
When Can You Request an Appeal With the BIA?
Most decisions made prior to BIA appeal allow you at least 30 calendar days to appeal. That means the BIA must receive your filed appeal within 30 days of the previous decision, unless that date falls on a holiday or weekend. In that case, the next business day would be your official deadline.
It’s best to work with your immigration appeal lawyer to file an appeal as soon as possible. The BIA’s schedule can be extremely busy. Your issue is likely urgent, so you should file an appeal quickly so your case is heard soon after your denial.
Board of Immigration Appeals Process
If you received a denial from an immigration judge, they will likely ask you if you want to appeal the decision. If you reply “no,” then you may be deported immediately. However, if you reserve the right to appeal, then the deportation process will be delayed. You will have time to obtain an immigration appeal attorney and file an appeal with the BIA.
If you decided not to use a lawyer at your initial hearing, then you will receive a guide and necessary forms to submit an appeal. However, if you used an attorney, then they will obtain necessary documents. In your appeal, you must show that the immigration judge made a decision that is contrary to established precedent or laws.
The BIA will not consider your testimony or that of others during an appeal. Every case is reviewed in the BIA’s single office in Washington, D.C. BIA personnel will review a paper appeal and court documents that you submit with your appeal documents. There are very rare cases where the BIA will hear oral arguments from your attorney and the U.S. government.
Stay From Deportation
If you file an appeal with the BIA after a negative decision from an immigration judge, you may be able to get an automatic stay from deportation. That means that the BIA court will stop the Department of Homeland Security (DHS) from deporting you while you in the immigration appeals process. You will be able to stay and file an appeal and wait for the BIA decision before you are deported, if ever.
The BIA can take between six and 12 months to make a decision on an appeal. These cases can even take longer if they are more complex or the BIA is dealing with a large number of cases. If the BIA decides in your favor, you will not be deported. However, if the BIA decides against you, you may face deportation.
Cost of a BIA Appeal
Although there are certain requests to the BIA that do not cost money, most immigration appeals will cost $110 to file with the BIA. This can be paid by check or money order. A waiver may be available due to hardship if you cannot afford the filing fee.
Call an Immigration Appeal Attorney in Colombus, OH at Nesbit Law Office
If you received a negative decision from an immigration judge, you may be able to file an appeal with the Board of Immigration Appeals. Consult an immigration appeal attorney to learn more about your options. Contact Nesbit Law Office today.
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