Immigration Appeals

U.S. Immigration Appeals

If you are seeking to appeal a decision in your immigration case with the goal of reversing, vacating or modifying the decision, we are here to prepare as effective an immigration appeal as possible. In general, an immigration appeal is an application made, primarily in writing, to the authority that overseas the decision maker. Depending on the nature of the litigation, the appeal might be made to a different department within the same administrative agency that made the original decision, or it might be a completely different administrative body or a court of higher authority.

In the context of immigration, depending on the case, an administrative decision must first be appealed to an administrative agency with higher authority. The two major administrative appellate bodies that oversee immigration appeals are 1) The Board of Immigration Appeals (BIA) and 2) the Administrative Appeals Office (AAO). The BIA is responsible for adjudicating all direct and interlocutory appeals of decisions of the immigration courts nationwide and appeals of family visa (I-130) petitions. The AAO is responsible for adjudicating all other appeals of the decisions coming out of the U.S. Citizenship and Immigration Services (USCIS).

How your immigration appeal process moves forward will depend on the nature of your immigrant petition or application, and whether you currently have a valid immigration status, and whether you are detained in any manner. There are six main types of immigration appeals that can be sought: 1) appeals before the AAO; 2) appeals before the BIA; 3) motions to reconsider and motions to reopen; 4) criminal alien appeals; 5) habeas corpus, mandamus and APA actions; and 6) petitions for review to U.S. Courts of Appeals.

If you are seeking to appeal a decision in your immigration case, please contact Somair S. Alam, Esq. at somair@alamlawgroup.com or at (646) 598-9824 for further information.