|Written by John Barry|
In case your original petition or application was denied due to some reason, in most cases you are still able to file the board of immigration appeal. There are also some attorneys who might sometimes do this without any charges in case they have already prepared for your appeal case.
Currently, there are more than 40 different types of petitions which can be appealed and in case your petition has been denied then the denial must include information whether you could appeal again. Therefore if you choose to file an appeal then you must know that an immigration appeal process entails strict adherence to their specific deadlines. So, when you miss out a deadline that was stated then you might even loose a change to file appeal.
According to the immigration act you are give the opportunity to file an appeal decision of immigration judges or immigration officers to higher levels. Which agency or court or how your appeal must be directed is the main issue you need to understand. You should know that only the distressed parties can have the chance to appeal to board of immigration. However in relative visa appeal cases it only means that the petitioner might file the petition. For the removal cases the only person ordered removal has the standing chance to take the appeal to BIA. This BIA has the board ability to review both the issues of law and issues of fact so that it can make sits own separate findings of fact and also exercise their board discretionary powers in cases it finds them suitable. However the board would usually not accept any immigration judge’s findings of fact over grounds that the trier of fact had higher chances to access credibility. Moreover the BIA normally limits their review to the matters in hearing record and might also not consider any new evidences during appeal including absent exceptional situation.
The steps involved in immigration appeal
Firstly, it is important that you file a appeal through the Form I-290A along with the fee for application filing. The BIA might sometimes waive filing fee for the indigents. Then there are appeals from the decisions of immigration judges filed directly to BIA while the appeals from immigration service decision are filed at USCIS officer who normally has the jurisdiction over the appeal case. It is also important that you file a appeal notice before the time period specified in the appeal regulations. However in deportation cases it is important the board receives the notice within 30 days of the main immigration decision of the judge. The appeal notice would not be considered filed until it is received actually with the filing fee. In case the last date to file the appeal notice falls on a Sunday, Saturday or a legal holiday then it is often extended to the next working day.
Make sure you don’t mention the specific for filing the appeal on the appeal notice form. When you fail to follow this requirement might result in summary dismissal by board. Moreover they might also dismiss all the appeals which are lighthearted or are filed solely for delay. In case an oral argument is required you should request it in your appeal notice. Thereafter the BIA has the discretion whether or not to grant your request. You are also allowed to provide a brief along with the appeal notice or you can even request additional time from the board during which you can submit both the appeal and the brief.
The Administrative Appeal Office has the jurisdiction over different types of actions which also include appeals from denials of appeals from denials of petition for a temporary worker, of employment based preference appeal and appeals from revocation of approvals from the approvals immigrant visa appeal. Remember that only a single copy of appeal notice should be filed using USCIS FormI-290B along with application fees and within thirty days of service of denial notice. In case service of denial is via mail then additional three days are added to the period. The appeal must be filed with your local USCIS office or the office that issued a denial decision. Make sure the appeal notice states the specific reason on which your appeal is based.
The regulations for immigration appeal
However the regulations state that in immigrant or nonimmigrant visa appeal cases only the petitioner has the chance of standing appeal . The alien beneficiary might can also join in the appeal which is filed by the petitioner. In case of an appeal to AAO you are not limited to discussing the matters in record below. This means that you should submit new proofs along with proofs that they were not available earlier. Moreover according to the regulations the immigration service might sometimes on their own treat the petition as a motion to reconsider or reopen.
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