Phoenix Immigration Appeals Lawyer

The steps in the immigration process can be complicated to follow. When you work with an immigration appeals attorney in Phoenix, we can develop a strategy and work toward a favorable outcome. We will help you understand the appeal process so that you know what to expect and how to respond.

Legal processes can be challenging, but we are here to guide you through them. Other duties we can take care of include:

• Explaining your legal options, including your right to appeal an immigration denial or revocation, and how long it takes for an immigration appeal to be heard.
• Reviewing how the appeals process works and identifying the authority that will oversee your case (Board of Immigration Appeals (B.I.A.) and Administrative Appeals Office (A.A.O.))
• Answering your questions about the process
• Collecting and organizing important evidence and documents for your case
• Gathering the right immigration forms and ensuring they are error-free and meet all deadlines
• Preparing a legal brief outlining your position and laying out all the facts and arguments that support your case
• Keeping you updated on your case’s status and providing advice throughout the process.

Our Phoenix Immigration Attorney Can Determine Who Hears Your Appeal

Suppose an immigration judge has denied your case. In that case, you can appeal to the Board of Immigration Appeals (B.I.A.) within the U.S. Department of Justice or the Administrative Appeals Office (A.A.O.) of the USCIS. For example, if your situation involves removal or deportation, the B.I.A. can review your appeal.

If your appeal involves an employment-based immigration visa or a non-immigrant visa petition, the A.A.O. will hear it. We understand that every case is different and can personalize a strategy that addresses your situation.

Immigration Cases Have Strict Deadlines

Deadlines are highly important in a U.S. immigration appeals case. If you receive a Notice of Intent to Deny (NOID) or other correspondence that states the U.S. Citizenship and Immigration Service (USCIS) plans to deny your application or petition, you must act fast.

You generally have 30 days from the date the decision was made to file a motion to reconsider, reopen your case, or appeal an immigration judge’s decision. Some appeal deadlines are shorter, depending on the case.

If you let the 30-day deadline expire, you waive your right to appeal the decision. Please reach out to us as soon as you can. Our appeals immigration lawyer in Phoenix is ready to start working for you.

As the USCIS explains, an appeal is a request for a different authority to review a decision previously made in an immigration case.

Our Phoenix law firm represents clients in various immigration appeals, including those involving:

• Removal or deportation proceedings and processes: We will review the issues in your situation and determine our options for your next steps.
• Motion to reopen: This motion requests the immigration office to review new facts or previously unknown circumstances and reconsider its decision to reopen a closed case.
• Motion to reconsider: This request asks the immigration office to review its decision if it is based on an incorrect application of law or policy.

We can also work on your behalf for a combination of a motion to reopen and reconsider, an option USCIS offers. We encourage you to reach out to us about your situation as soon as possible.

Whether an immigration judge, asylum officer, or Department of Homeland Security official handled your case, we can represent you and seek a resolution.

Here are some frequently asked questions regarding appeals immigration lawyers:

What Is an Immigration Appeal?

An appeal is a legal process where you challenge an unfavorable decision made by USCIS or an immigration judge. This could be a denial of your initial application, a removal order (deportation), or any other decision impacting your immigration status.

What Are the Different Types of Immigration Appeals?

There are various types of appeals depending on the original decision. An experienced lawyer can advise you on the specific type of appeal applicable to your case (B.I.A. appeals, federal court appeals, etc.).

Do I Need a Lawyer for an Immigration Appeal?

While it’s possible to appeal an immigration decision on your own, the process can be intricate and involve complex legal arguments. An experienced lawyer can significantly increase your chances of success.

What Are the Grounds for Appeal?

There are various grounds for appeal, including procedural errors made during your case, new evidence not previously considered, or legal misinterpretations by USCIS or the immigration judge.

What Is the Appeals Process Like?

The appeals process can vary depending on the type of appeal. Generally, it involves filing a notice of appeal, submitting legal briefs, and potentially appearing before an appellate immigration judge.

How Long Does the Appeals Process Take?

The appeals process can take several months or even years, depending on the complexity of your case and the specific court involved.

What Happens if My Appeal Is Denied?

There might be additional options available depending on the specific circumstances of your case. An immigration lawyer can discuss these possibilities with you.

The legal landscape of immigration can be vast and ever-changing. An experienced lawyer can be your guide throughout your entire immigration journey, offering support beyond just appeals. Here’s a glimpse into the various immigration matters they can assist you with:

• Family Reunification. Do you dream of building a life in the United States with your loved ones? A Phoenix family petitions immigration lawyer can help you navigate the complexities of family-based immigration, including petitions for spouses, children, and parents.
• Building a Career in the U.S. If you possess valuable skills or are an entrepreneur seeking to invest in the U.S. economy, an attorney can guide you through employment-based immigration options, such as visas for skilled workers or business owners.
• Path to U.S. Citizenship. Becoming a U.S. citizen is a significant milestone. A naturalization and citizenship immigration lawyer in Phoenix can assist you with the naturalization process, ensuring you meet all the requirements and guiding you through the application steps.
• Temporary Stays and Visits. There are various temporary visitor visas available, such as student visas for educational pursuits or business visas for work-related travel. An attorney can advise you on the appropriate visa type for your specific needs and assist you with the application process.
• Deportation Defense. Facing removal proceedings (deportation hearings) can be a frightening experience. A Phoenix deportation defense immigration lawyer can be your strong advocate in immigration court, representing you and fighting for your right to remain in the United States.
• Status Adjustment Within the U.S. If you’re already in the United States under a temporary visa, you might be eligible to apply for permanent residency (adjustment of status). An attorney can guide you through this process and ensure your application is complete and accurate.
• Relief from Deportation. In certain situations, non-permanent residents facing deportation may be eligible for cancellation of removal. An immigration lawyer can assess your eligibility for this relief and represent you throughout the process.

Remember, you don’t have to navigate the complexities of immigration law alone. A Phoenix immigration appeals attorney can be a valuable resource, providing legal guidance and ensuring your rights are protected throughout your immigration journey.

Please remember that you must act fast when dealing with immigration cases. If you have been issued a denial notice regarding your application, you have 30 to 33 calendar days to file your appeal, depending on whether you received the appeal decision in person or through the mail.

In situations where your case has proceeded to court and an immigration judge has ruled unfavorably, the deadline for appealing the decision is a little further out. Per 8 C.F.R. § 1003.23(b)(1), if you have received an order of removal, deportation, or exclusion from the United States, you are afforded a 90-day window for filing your appeal.

New Frontier Immigration Law’s team is ready to meet with you for a strategic session about your denial. We have extensive experience in appeals, deportation defense, applications for asylum, and other related issues.

You don’t have to overcome the obstacles alone in your case. Our Phoenix immigration appeals lawyers are here for you and know how to help. Avoid receiving another denial. Contact our office today, and let us help you fulfill your American dream.