Every year, people from all over the world seek new lives in the United States. Similarly, people who immigrated here from other places deepen and enrich their connections to this country, beginning families, seeking careers, buying homes, and forming friendships. However, if you run into a problem with your immigration situation, all of that can be put in danger.
If you have reached the stage where there is a denial of immigration appeals in Glendale, AZ, you need qualified legal help to avoid serious repercussions like detention or deportation. At New Frontiers Immigration Law, our immigration appeals lawyers are ready to help.
If you experience a denial of your immigration appeal, our lawyers in Glendale can explain what to do next. To request affirmative benefits like green cards, you must apply with United States Citizenship and Immigration Services (USCIS). Immigration courts, on the other hand, typically only grant defensive benefits like asylum or stays of removal from the country.
If your defense against removal requires relying on an affirmative benefit, you must apply with the USCIS for the benefit while your case is pending. If you receive a denial from the USCIS or in your immigration case, there are different ways to appeal both of these decisions.
Generally, your attorney can assist you with appealing USCIS decisions to the Administrative Appeals Office (AAO). Occasionally, you may also be able to file a motion asking the USCIS to reopen or reconsider your case, but most of the cases will go to the AAO. Once you receive a decision from them, that will typically exhaust any further appeals on that route unless the affirmative benefit you are seeking may fall under the jurisdiction of the Board of Immigration Appeals (BIA).
You can appeal immigration court decisions, such as the denial of defensive benefits, to the BIA. If you have been placed in removal proceedings and held in immigrant detention, you may also apply for a bond so that you may go free while your case is pending. If the immigration court denies your bond request, you may also appeal this decision to the BIA.
If the BIA denies your immigration court appeal, your options depend on several factors, including the relief you were requesting, why it was denied, and your priorities. Typically, BIA decisions are rendered by a single member. One option could be to request a rehearing with a panel of three BIA members.
You may also appeal to a higher federal court, usually the federal circuit court with jurisdiction over your case. The circuit court can reverse the BIA’s decision and grant benefits or a bond that the BIA denied. However, if the circuit court agrees with the BIA, you may be able to request a rehearing with all 12 circuit judges instead of the typical three-judge panel. These reviews en banc are rare since there are strict standards on when the court can rehear a case.
When your immigration appeal has been denied, it is easy for an immigrant in Glendale, AZ to feel overwhelmed. However, you do have options and you do not have to face the situation alone. At New Frontier Immigration Law, our team can listen to the details of your story and help you find the best path forward. Contact us today for help with your case.
