Immigration Appeals Lawyer Serving the United States

Types of Decisions That Can Be Appealed

Not every immigration decision is final. Many actions taken by the United States Citizenship and Immigration Services (USCIS) or immigration judges can be appealed. Some examples include:

• Asylum & Withholding of Removal: An asylum seeker can appeal a denial of protection from persecution, which is a key part of our work with those seeking safety.
• Green Card & Adjustment of Status: We challenge denials of lawful permanent residency (green card), including those related to family or employment petitions and adjustment of status applications.
• Naturalization (Citizenship): You can appeal a denial of your application to become a U.S. citizen, especially if you believe the United States Immigration and Naturalization Service made an error in evaluating your eligibility for naturalization.
• Waiver Applications: If your waiver for grounds of inadmissibility was denied, an appeal can argue that you meet the requirements for the waiver to be approved.
• Temporary Protected Status (TPS): Denials of Temporary Protected Status, a provisional status for individuals from certain countries, may be challenged.
• Removal & Deportation Orders: A final order of removal from an Immigration Judge can be appealed to the Board of Immigration Appeals, halting immediate deportation proceedings.

Common Reasons for Denial & How an Appeal Can Address Them

Denials often stem from issues that can be corrected or argued on appeal. By bringing these concerns before a higher authority, you gain another chance to secure your rights. Examples include:

• Factual Errors: The reviewing officer or judge may have misunderstood the facts of your case. An appeal allows us to highlight the correct information and show how it supports your eligibility.
• Legal Misinterpretation: The decision may be based on an incorrect application of immigration law. We can file a lawsuit or a petition for review that presents a proper legal analysis to the appellate body.
• Insufficient Evidence: The government may claim you did not provide enough proof. Through an appeal, we can argue that the evidence you submitted was sufficient or provide clarification on its significance.
• Ineligibility Determination: If you were found ineligible, an appeal can argue that you do, in fact, meet all the necessary criteria for the benefit you seek, such as a marriage-based visa.

Agencies That Decide U.S. Immigration Appeals?

When you appeal a decision, your case goes to one of three main bodies. Each has a specific jurisdiction over different types of immigration cases.

Board of Immigration Appeals (BIA)

The Board of Immigration Appeals is the highest administrative body for interpreting and applying immigration laws. It primarily reviews decisions from Immigration Judges in removal proceedings and some denials from United States Citizenship and Immigration Services (USCIS). The BIA has the authority to affirm, reverse, or remand a case back to the judge for further action.

Administrative Appeals Office (AAO)

The Administrative Appeals Office operates within USCIS and reviews appeals of various immigration benefit denials. This office handles challenges to decisions involving employment-based petitions, family immigration cases, naturalization applications, and adjustment of status requests. It provides an important pathway for correcting USCIS errors and obtaining approved immigration benefits that were wrongfully denied.

Federal Courts

If your appeal is unsuccessful at the BIA or AAO level, your next step may be to file a petition for review with a U.S. Circuit Court of Appeals. This moves your case out of the administrative system and into the federal judicial system. A federal lawsuit is a significant step that requires skillful legal representation.

Steps in the Immigration Appeals Process

The appeals process follows a structured path with specific deadlines and requirements that must be met to preserve your rights.

• Filing the Notice of Appeal: This is the official document that states your intention to challenge the decision.
• Submitting a Brief: Your lawyer provides written arguments, citing immigration law and evidence to support your case.
• Record Review: The deciding authority examines the full history of your case.
• Oral Arguments: In some cases, you may present arguments before judges.
• Decision Issued: The appeals body announces a ruling, either upholding or overturning the denial.

How We Can Help With Immigration Appeals Litigation

Our team is dedicated to giving your case the powerful voice it deserves. We support you through every phase of the appeal, focusing on building a compelling argument for success.

Case Evaluation & Strategy Development

Our legal team begins every appeal with a thorough analysis of your original decision and case file. We identify the strongest legal arguments available and develop a winning strategy that addresses the specific reasons for denial. This careful evaluation process allows us to focus on the most promising appellate issues while building a solid foundation for success.

Collecting Evidence & Preparing Legal Arguments

We help you gather any additional supporting documentation and then craft persuasive legal arguments. Our briefs are written to clearly demonstrate the errors in the initial decision and advocate for its reversal.

Representation Before the BIA, AAO, or Federal Court

Our immigration lawyers are experienced in representing clients before all key appellate bodies. We are prepared to be your strong voice in front of the Board of Immigration Appeals, the Administrative Appeals Office, or a federal court judge.

Clear Communication Throughout the Process

Appeals can take months or years to resolve, and you deserve to know what’s happening with your case. We provide regular updates on your appeal’s progress, explain complex legal developments in plain language, and keep you informed about important deadlines and decisions. Plus, our team is always available to answer your questions and address your concerns.

Why Choose Our Law Firm for U.S. Immigration Appeals

Choosing the right immigration attorney can make all the difference. Here’s how Vindigni & Zeka Law Group stands out:

• Years of Experience: We bring extensive practice in immigration law, including green cards, asylum, and deportation defense.
• Case Evaluation: You can discuss your denial with a knowledgeable attorney.
• Vehement Representation: Our team passionately advocates for your right to remain in the United States.
• Comprehensive Legal Support: From start to finish, you receive full legal guidance across appeals, lawsuits, and petitions.
  

Additional Legal Services Available:

Beyond immigration law, we also handle cases in New Jersey and Pennsylvania related to:

• Motor Vehicle Accidents
• Medical Malpractice
• Worker’s Compensation
• Wrongful Death Lawsuits
• Dog Bites
• Premise Liability