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Are you or someone you love appealing a denied immigration application? If so, you need to know your options and understand what happens at an immigration appeal hearing.
An Immigration Judge will explain the procedure at your hearing and then read and review your documents. If needed, you will be offered a translator, and you and your witnesses will testify. Finally, you will undergo cross-examination, and the judge may ask additional questions and request summarizations.
An unsuccessful application for U.S. citizenship can be upsetting and distressing. It can separate you from family, friends, loved ones, and opportunities. It does not have to be the end of the road for you, though. With the guidance and assistance of an immigration attorney, you can file an appeal and keep fighting for your desired outcome. .
How and Where Do I File an Immigration Appeal?
In most cases, you will file Form I-290B — a Notice of Appeal or Motion. This form will start the appeals process and must be filed within a predetermined time. However, this is not always the case, so let your attorney help you choose, obtain, and submit the appropriate form.
Other forms your appeal application may require include:
- Form N‑336 — Application for Naturalization
- Form I-694 — For specific immigrant workers
- Form EOIR-29 — Petition for Alien Relative
Any notification of your initial application should clarify which form you need to file. The lawyer who represents you can also help you understand and complete the proper paperwork.
Your lawyer will also explain where to file your appeal. Your immigration attorney can ensure you know the application process details and take care of all related details.
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How Long do I Have to File My Appeal?
Finding out that your immigration application was denied can be daunting. It can overwhelm you, and you may want time to consider your options. While you collect yourself, your attorney can prepare and file your application for an appeal.
According to United States Department of Justice (DOJ) guidelines, you generally have up to 30 days from the date of denial to submit your appeal. However, if your notification was mailed, you might receive a brief, three-day extension. The details of your case will determine the appropriate filing deadline, so you should consult with your legal team to ensure your allotted time does not expire.
Do I Have to Wait for a Denial to File an Appeal?
You might be eligible to file an appeal before a decision is made on your original application if your case involves jurisdictional concerns or other matters of immigration law. According to additional DOJ guidelines, an interlocutory appeal will supersede the judge’s final ruling. These appeals are uncommon, but if your lawyer feels it is warranted, they will help you through this process.
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An Immigration Lawyer Will Help You Prepare for Your Appeal Hearing
Immigration law is complex and can be difficult to understand and navigate without legal guidance and support. When an immigration attorney represents you, they will manage your appeal by:
- Ensuring all required documents are prepared
- Preparing you for the testimony you will give
- Preparing any witnesses to testify on your behalf
The decision made by the Immigration Judge at the end of the appeals process will likely be final. Therefore, you should ensure legal representation right from the start for this and many other reasons. Your lawyer will clarify why your appeal is valid and why your application should merit approval. An immigration attorney will also ensure your request is filed on time and contains all required documentation.
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Documents Required for the Immigration Appeals Process
Filing an appeal is an involved process that requires a plethora of paperwork. Your lawyer will help you understand the necessary documents and ensure they are completed and filed within the allotted time.
Appropriate documentation includes your notice of appeal and can also include:
- A fee waiver request
- Documents related to your attorney’s appearance
- Office of The Chief Administrative Hearing Officer (OCAHO) subpoena
- Contact and change of address forms
- Request for suspension of deportation
- Application for Asylum
Let your lawyer handle your documents for you. Doing so can give you peace of mind before and throughout the appeals process.
Let Our Attorneys Help Make Your Immigration Dream a Reality
If your initial application for immigration was denied, our client-focused legal team could help you file an effective appeal. Our team will handle your appeal and all related details for you.
We will also ensure you understand what happens at an immigration appeal hearing and the steps we take to help you accomplish your goal. Learn more about how hard we fight for you and your family by contacting one of our New Frontier Immigration Law team members today.
