Immigration Appeals

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Immigration Appeals Attorney In Miami, Florida

Has An Immigration Judge Denied Your Petition?

If a judge has denied your immigration petition, it need not be the end of the road. Don’t lose hope. Jude Law LLC can help you appeal to the Board of Immigration Appeals. This board has the authority to review – and reverse – decisions rendered by the Immigration Court and the Department of Homeland Security. But there are strict deadlines, so you need to get your appeal in right away. Start the appeal process today.


Appealing a denied immigration petition can be a daunting and disheartening experience. However, it is important to remember that this does not have to be the end of your journey towards obtaining legal status in the United States. There are still options available to you, such as appealing to the Board of Immigration Appeals (BIA).


The BIA has the power to review and potentially reverse decisions made by both the Immigration Court and the Department of Homeland Security. This means that if your petition was denied unfairly or due to an error in judgment, there is a chance for it to be reconsidered and approved.


It is crucial to act quickly when considering an appeal to the BIA. There are strict deadlines in place, so it is important to start the process as soon as possible after receiving a denial. Additionally, it is highly recommended to seek the assistance of an experienced immigration attorney who can help guide you through the appeal process and present a strong case on your behalf.


To begin the appeals process, you must file a Notice of Appeal with the BIA within 30 days of receiving your decision from either the Immigration Court or DHS. This notice should include detailed information about your case, including any supporting evidence and arguments for why the decision was incorrect.

Contact Jude Law LLC to schedule a consultation with a lawyer today. 305-859-4519

What Will Happen in the Appeals Process?

The Board of Immigration Appeals (BIA) must receive your appeal within 30 days after the immigration judge denied your petition. Your attorney will prepare a written legal brief to present your case in the best light, citing all the facts and arguments that support your position. After the board receives your brief as well as the immigration judge’s brief, they will review both briefs and issue their decision. That decision can either dismiss your appeal or send the matter back to the immigration judge for further action. During your appeal, the U.S. government allows you to stay in the U.S. while you wait for a decision. Don’t go through this process alone. Attorney Tamika Jude has years of experience arguing even the most complex cases. Start your appeals process today.

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What If the Board of Immigration Appeals Denies My Appeal?

Even if the BIA denies your appeal, there are situations that qualify you to bring your case before a U.S. Federal Court of Appeals. Again, you must file a document called a Petition for Review within 30 days from the board’s denial of your appeal. Your attorney and the Department of Homeland Security will again submit written briefs. In certain cases, your attorney might be able to argue your case in person in front of three judges. If the BIA denied your appeal, make an appointment with our experienced immigration attorney to represent you during the appeals process.


Once your appeal has been denied by the Board of Immigration Appeals (BIA), you may still have options to pursue your case further. If there are specific circumstances that qualify as legal grounds for an appeal, you can file a Petition for Review with a U.S. Federal Court of Appeals within 30 days of the BIA's denial. It is important to note that this option is only available if the BIA has made an error in their decision or if they have misapplied the law. Your attorney will be able to advise you on whether your case meets these criteria and if filing a Petition for Review is the best course of action.


Similar to the BIA appeals process, both your attorney and the Department of Homeland Security will be provided with the opportunity to submit briefs and arguments to the court. The court will review all evidence and make a final decision on your case.


If your appeal is successful, the court may send your case back to the BIA for reconsideration or they may issue their own decision on your eligibility for relief. However, if your appeal is denied by the Federal Court of Appeals, you have one last option to pursue: filing a Petition for Certiorari with the U.S. Supreme Court.

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