An immigration appeal involves many moving parts and a plethora of documentation, each of which will have its own filing deadline. Together, these deadlines form the timeline for an immigration appeal. An appeal starts with filing the required forms, which typically have a 30-day filing deadline. However, certain documents can have a deadline as short as 15 days. You should consult a lawyer who can ensure the filing of the appropriate forms prior to the appropriate deadline.
Once filing the proper forms, having your appeal heard and decided can take up to a year. The type of appeal you file can also affect your timeline. The best way to understand the potential timeline of your immigration appeal case is to consult an immigration lawyer who can help you navigate the complex appeal process.
You Generally Have 30 Days to File an Appeal Request
If the United States Citizenship and Immigration Services (USCIS) denies your application, a lawyer in your area can help you file an appeal. You can also file an appeal if your petition for a visa was denied or if your existing visa was revoked. The first step in doing so is filing the correct form.
Most applicants must file Form I-290B, Notice of Appeal or Motion. This form must be filed within one month of notification that your initial application for citizenship was denied. However, your circumstances may require you to file a different form with a different filing deadline, which could be as short as 15 days.
Filing the appropriate form on time is critical to your appeal case. If the allotted time expires, you might be unable to appeal your denial. The lawyer representing you will ensure you understand and file the correct forms at the appropriate time before the timeline expires.
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How Long does It Take to Find Out the Status of My Appeal?
Every immigration case is different and will have its own circumstances and conditions that must be reviewed. The Immigration Judge will listen to your testimony and any witnesses supporting your application. The judge will also listen to representatives of both sides and weigh your application, appeal, and evidence.
Generally, the process can take up to 90 days just to reach the adjudication phase. After, it can take up to 180 additional days for your application to be reviewed and for a determination to be issued. Your lawyer will explain the probable timeline and how and when you will be notified of your immigration status.
Does Filing an Appeal Void a Deportation Order?
Each case varies, but you might be able to avoid immediate deportation by filing an immigration appeal. You can also appeal a deportation order itself. No matter which avenue you take when appealing your case, you should not rely on an automatic stay. Instead, review your deportation order with a local law firm familiar with immigration matters.
An immigration attorney will explain the steps in appealing immigration status or deportation orders. They will also explain the right time of appeal for you and how filing an appeal could affect your ability to remain in the U.S. Their goal is to help you build a compelling appeal case that leads to your preferred outcome.
Your lawyer will also explain the importance of remaining in the U.S. until the appeals process is complete. They will ensure you understand each step of your journey as well as your rights and responsibilities.
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How Can an Immigration Attorney Help With My Appeal?
U.S. Immigration law is complex and challenging to navigate on your own. When you or a family member trust an immigration lawyer with your appeal, they will take the following actions in support of your appeal:
- Handle all case-related communication
- Clarify the immigration laws that apply to your case
- Review and define your immigration and application status
- Clarify filing and notification deadlines and ensure compliance
- Obtain, complete, and file all required forms and documentation
- Ensure you understand your rights and protect you from rights violations
The threat of deportation can cause stress and make everyday life challenging. The ensuing legal process can make a stressful situation worse. When a lawyer represents you, you get more than legal support; you get peace of mind.
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Contact Our New Frontier Immigration Law Team for Help With Your Appeal
Receiving a denial on your immigration application can be stressful. Filing an appeal can often add additional stress. When you trust our law firm to assist you, we ensure you understand the appeals process and the timeline for filing your immigration appeal.
Contact a member of our immigration law team today. We can help prepare and file an effective appeal for you.
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