If your immigration appeal is successful, you could be granted a legal decision in favor of your future. If you lost your original case, remember you do have legal options. An immigration lawyer could help you determine the possible outcomes in your case.
Understanding the Appeals Process
The appeal process begins when an original decision is delivered by a judge. From this moment, the losing party has a limited amount of time to file the necessary paperwork, generally a notice of appeal form, indicating the intent to exercise your right for an appeal.
Once the necessary paperwork is in place, it can be a waiting game until your case is heard. Sometimes it can take months or a year to have your appeal reach a court.
Board of Immigration Appeals (BIA)
According to the United States Justice Department, the Board of Immigration Appeals is the highest administrative body for interpretation and application of immigration law. Your appeal will ultimately work its way through this administrative body prior to a decision.
If your immigration appeal is successful, you will be granted a favorable decision that will directly impact your future.
What Factors Increase the Chances of Winning an Appeal?
After an initial decision is made, you will generally need to provide new evidence in support of your position or prove an error was made during your initial trial. In other words, you must establish your original ruling was somehow unjust.
Many people facing immigration law challenges choose to hire a legal team to organize the facts of their case going into an appeal.
How Long do I Have to File an Appeal?
You have a month, or 30 days to be exact, from the time of your decision to file your appeal, as reported by the United States Department of Justice. Turning in the appropriate paperwork on time is critical if you want a chance at justice through an appeal.
Even if you are granted an appeal, it can take months or longer to have a case heard, based on how busy the court system is and other external factors.
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Examples of Cases That Could Qualify for an Appeal
There are many different types of immigration cases that could result in an initial unfavorable ruling, and an appeal thereafter. Examples of potentially qualifying cases include but are not limited to:
- Legal problems with the issuance of K-1 Visas
- Deportation cases
- Cases involving individuals seeking asylum from danger in their native country
- Naturalization and citizenship
- U Visas
- Juveniles seeking special immigration status
- DACA (Deferred Action for Childhood Arrivals) cases
- Those seeking temporary protection status
- Much more
Life After Your Appeal Decision
If your immigration appeal was successful, your life could change. But sometimes, it still takes time for a change to implement itself. There could be paperwork associated with your appeal that needs to settle before the judge’s decision is fully implemented.
Additionally, you may have to figure out the logistics of your life ahead and how a decision impacts your loved ones.
You also may want to protect yourself from future legal problems down the road. With more legal challenges possible, it could be helpful for you to consult with a professional to be sure you and your family are secure following a successful appeal.
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Having an Immigration Lawyer By Your Side
If you are thinking of filing an appeal, it could be helpful to hire a lawyer. Some benefits of legal representation include:
- Assistance with paperwork
- Act as your support network
- Answer any legal questions you have
- Available to walk you through each step of an appeal and help you understand the possible outcomes in your case
- Organize your appeal in a legal fashion, helping to strengthen your case
Finding a Legal Team You Can Trust
If you are thinking of filing an appeal and are still within your legal window to act, it could be useful to start thinking about finding the right legal team.
Our team of lawyers at New Frontier Immigration Law has a history of satisfied clients, as is evident by our testimonials.
With your future on the line, one of the most important things you can do is protect yourself legally, and finding the right team could make a significant difference in your life.
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Contact New Frontier Immigration Law Today
The result of an immigration appeal can impact your life and change the course of the future for you and your loved ones. It is important to put your best foot forward as you fight for the decision you deserve.
Our team at New Frontier Immigration Law is available to help. Contact us for a strategic session before it is too late.