Appeals

Appeals

Appeals are one of the most complicated parts of immigration law. However, with the help of an experienced immigration attorney you can be sure the correct decision is reached in your case.

The Law Office of Pardeep S. Grewal has over 15 years of experience in immigration appeals and has had success in many highly complex cases.

Even if an Immigration Judge has denied your application, there is still hope for your case. You can appeal your case and have it reviewed by a higher court. The higher court can reverse the decision of the Immigration Judge, send your case back to the Immigration Judge for a new decision, and sometimes the higher court itself will grant your application.

There are a multiple stages of appellate review in immigration cases:

The Board of Immigration Appeals

The BIA primarily hears appeals of decisions by Immigration Judges, such as orders of deportation or removal and the denial of applications. The BIA also hears appeals of denials of visa petitions filed with U.S. Citizenship and Immigration Services (USCIS).

In some cases, even after a case has been denied by the Immigration Court and the BIA, it is possible to reopen the case with the BIA for consideration of new arguments or new evidence.

Our office has successfully litigated hundreds of cases before the BIA, resulting in the reversal of incorrect decisions by Immigration Judges.

The U.S. Court of Appeals

If your case is denied by the BIA, you can file a Petition for Review at the U.S. Court of Appeals and seek review of the BIA’s decision.

Our office is located within the jurisdiction of the U.S. Court of Appeals for Ninth Circuit. The Ninth Circuit has handed down many famous decisions that are favorable to immigrants.

Our office has successfully litigated many appeals before the U.S. Court of Appeals.

The Administrative Appeals Offic

In many cases where an individual has filed an application with U.S. Citizenship and Immigration Services (USCIS) and the application has been denied, there will be an option to appeal the denial with USCIS’s Administrative Appeals Office (AAO).

You can file an unfavorable decisions by the USCIS to Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA), an office within the Department of Justice. Your denial notice will provide information about whether the decision may be appealed and where to file your appeal.

Do not wait!

Please be aware, appeals are almost always time sensitive, meaning that you can lose your right to appeal if you wait too long. For example, individuals typically have only 30 days to appeal an Immigration Judge’s decision with the BIA, or to appeal a BIA decision with the U.S. Court of Appeals. Appeals must reach the BIA and Court within 30 days.

For this reason it is extremely important that you contact an experienced immigration attorney as early as possible if you wish to appeal your case. You should always pursue every available option, to make sure no mistakes have been made in your case.

Contact Us

Call the Law Office of Pardeep S. Grewal at (510) 889-1999 and schedule an appointment to learn more about your immigration options.