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.
For a free case review with an Immigration lawyer, call