According to U.S. Department of Justice (DOJ) guidelines, you generally have 30 days to file an appeal. However, you may only have 15 days to do so in some cases. If your case requires additional time, you might be eligible for an extension. You may also add three additional days to your timeline, depending on how you received notification of your initial denial.
Your lawyer will explain the appropriate notification and filing deadlines for your appeal and each form. They will also ensure you understand the potential timeline of your case.
Understand the Forms Your Appeals Case May Require
Starting with your initial request to have your immigration case reviewed after a denied application, you will be required to file a wide range of forms. The DOJ guidelines list the following forms related to various types of appeals:
- EOIR-26 — Notice of Appeal from a Decision of an Immigration Judge
- EOIR-27 — Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals
- EOIR-28 — Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court
- EOIR-29 — Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer
- EOIR-33/BIA — Change of Address/Contact Information Form Board of Immigration Appeals
- EOIR-33/IC — Change of Address/Contact Form Immigration Court
- EOIR-40 — Application for Suspension of Deportation
- EOIR-42A —Application for Cancellation of Removal for Certain Permanent Residents
- I-881 — NACARA – Suspension of Deportation or Application for Special Rule
Some, but not all, of these forms are downloadable. However, many must be printed out and completed manually. The lawyer who handles your case will take care of this for you.
Compile Additional Documents That Support Your Immigration Case
When you face possible deportation and file an appeal against a deportation order, you can present documents and evidence to the judge support your application.
These can include:
- Documents that prove new evidence in your immigration case
- Documents that prove potential dangers exist in your home country
- Copies of any order made by a judge, including deportation orders
- Copies of any briefs you or your attorney prepare for your appeal
- Copies of any fee or other waivers for which you or your attorney applied
- A motion to reopen your case based on a new set of facts
On your own, it can be challenging to understand the documents you need. Your immigration lawyer will help ensure your case file is accurate and complete.
For a free case review with an Immigration lawyer, call