If your immigration application was denied, you have the right to file an appeal. An appeal asks another authoritative body to review and reconsider your application. You need to know what documents you should present at an immigration appeal hearing to build an effective appeals case.
The required documents will vary on a case-by-case basis and depend on the type of appeal you file. Documents can include the initial application for appeal, an application to stay deportation, an application to appeal a revoked or denied visa, and a form for a pre-emptive appeal. The lawyer representing you will explain the documents your case requires and ensure they are accurately compiled and filed on time.
How Much Time Do I Have to Compile My Documents?
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 legal consultation, call (623) 742-5400
Can I Appeal My Immigration Case on My Own?
While you are allowed to handle your immigration case on your own, the guidance and support of an immigration lawyer can give you added peace of mind. Your lawyer can ensure all legal parameters are met and handle many aspects of your case.
An immigration lawyer in your area will do all of the following on your behalf:
- Handle your case in an efficient and timely manner
- Ensure the appropriate forms are filed in the allotted time
- Explore any waivers that may apply to your case
- Represent you at all hearings and court appearances
- Explain how current immigration law affects your case
- Clarify your case-related rights and responsibilities
- Handle all communication related to your case
You are not alone in your fight to remain in the U.S. The lawyer you choose to represent you will spearhead your case and ensure you understand each step of the appeals process.
Will My Lawyer Submit My Forms and Documents?
Yes. Your lawyer will compile all the documents and forms your case needs. They will handle all the details of your case, including documentation. In addition, they will ensure your forms are properly signed and meet completion and submission guidelines.
Get Legal Support for Your Immigration Appeal Hearing
Filing an appeal after your application for citizenship was denied can be complicated and frustrating. When our immigration law firm handles your case, we explain the details of the appeals process and ensure you understand what documents you should present at your immigration appeal hearing.
Contact one of our New Frontier Immigration Law team members to prepare your case today.