When applying for a green card or visa or seeking to benefit from a process like cancellation of removal, you always hope for a favorable decision. Unfortunately, things do not go your way, as the United States sometimes may make unfavorable decisions for you. Nevertheless, you can appeal an adverse court decision to the United States Citizenship and Immigration Services (USCIS). This article will discuss how long an immigration appeal takes, the USCIS appeal processing time, and more.
Excellent legal representation is crucial to appeal the court’s decision and obtaining your wanted result. Our attorneys at AmLaw Group are highly qualified to provide exceptional immigration law services in Miami and other areas in South Florida.
The following qualities help set us apart from any typical law firm:
- We give all our support to business representatives during each stage of the immigration process.
- We have the experience necessary to handle all sorts of cases as we have been in the immigration law services industry for more than 13 years.
- We know what is needed to prepare a solid petition and cater to requests before being told about it.
- We handle each case ourselves without outsourcing anything to third parties.
- We completely understand the uniqueness of each individual and each situation, and we carefully analyze every case to determine a resolution that best fits every client.
- We provide a wide range of services, including finding businesses for acquisition, registering companies and accounts, tax consulting, and accounting support, on top of our specialized legal services.
The key to finding out how to file a competent appeal, when to file them, and the USCIs appeal processing time is working with an attorney with a proven successful track record. If that sounds good, give AmLaw Group a call today!
What is an Immigration Appeal?
An immigration appeal to a decision made by a judge is the process where a foreign national (alien) can explain why the verdict is incorrect and should be reversed in their favor.
A reliable immigration lawyer can walk you through how to make your case and will go the extra mile to get the best possible result if you are planning to send an appeal for your immigration concern. Knowing how long an immigration appeal takes and the USCIS appeal processing time is necessary for obtaining your preferred outcome.
In the United States, there are two main entities where you can file an appeal for your immigration case.
What Happens Once I File An Appeal to the Administrative Appeals Office?
The Administrative Appeals Office (AAO) is responsible for conducting reviews of the USCIS officer’s decisions on requests for immigration benefits like visas and petitions to promote accuracy and consistency when interpreting immigration policies. The AAP has appellate jurisdiction over around 50 types of immigration applications.
To better understand how long an immigration appeal takes, it is critical to know how appeals are reviewed. The AAO processes appeals in two stages:
- Initial Field Review – The office which gave the adverse decision evaluates the appeal and then determines whether or not to act on it in favor of the requester. If the said office chooses not to take favorable action, the appeal will be forwarded to the AAO, and notify the appellant of the transfer to the AAO.
- AAO Appellate Review – Shortly after the first stage, the AAO will process all forwarded appeals by thoroughly reviewing the entire case record. Factors such as the lack of necessary documentation and the case being more complicated than expected usually cause the USCIS appeal processing time to take longer.
Speak to a Miami business immigration attorney to know which forms you need to fill up and the details you need to include in your appeal to make a more justifiable case.
What Happens Once I File an Appeal to the Board of Immigration Appeals?
The highest administrative body that interprets and applies immigration law is the Board of Immigration Appeals (BIA). The BIA consists of a Chief Appellate Immigration Judge, one or two deputy judges, and more than 20 authorized immigration judges that work together in conducting paper reviews of every case filed. Occasionally, the BIA headquarters would also oversee oral arguments for appeals.
Being given nationwide jurisdiction for all appeals, the BIA’s main responsibility is to review the verdicts made by immigration judges. Most appeals cater to include deportation orders and requests to stop deportation (cancellation of removal).
However, most decisions by the BIA are still subject to further review conducted by the federal court and could still be overruled or modified. This also affects how long an immigration appeal takes to process.
How Long Does an Immigration Appeal Take?
The appellate review is typically completed within 180 days from when the initial field review forwards the entire case file to the AAO. Though specific appeals might take longer than 180 days to complete due to a lack of available documents and other factors outside their control, the AAO strives to resolve said cases within that period.
About the USCIS appeal processing time, it is also crucial you know when to file an appeal. Your appeal has to be filed within 30 days after the immigration court’s decision. Particular cases with a shorter appeal period may also have a shorter deadline for filing. There will be an extra allowance of three days once the decision gets mailed to you, but no more extension should be given after that.
How Will I Be Informed of the Decision for my Appeal?
Once a decision for your immigration case has been made, a letter from the Administrative Appeals Team (AAT) or the Student Exchange Visitor Program (SEVP) will be mailed to you, which indicates approval or denial of your appeal. If you are working with our immigration attorney, they will be notified of the decision.
Do I Have to Pay Anything When Filing an Appeal?
While you typically need to pay a fee when filing an appeal, there are circumstances where you will not be required to pay anything. For instance, the fee may be waived if you have demonstrated your inability to pay for it. Talk to a Miami immigration attorney to know more about your situation to see if more fees can be waived.
But if necessary, fees can be paid by check, money order, and credit card.
Call our Miami Business Immigration Attorney Now!
Our team at AmLaw Group can make things easier for you if you want to obtain a visa or benefit from any of the United States’ immigration processes or with how long an immigration appeal takes. Call us if you have issues with the USCIS appeal processing time or need assistance in non-legal services for your business.
Whether you’re an entrepreneur, skilled worker, or individual with extraordinary abilities looking to realize your immigration dream, a Miami attorney from AmLaw Group Miami is the right person for the job!
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