If you live in the Houston area, you may have noticed the recent changes in immigration enforcement and deportation practices. Whether you have a citizenship case pending or have received an order of removal and are unsure what to do next, it is important to consult an immigration attorney promptly, as the time to file an appeal is limited.
A Houston immigration appeals lawyer can assist you after a denial or help you prepare an appeal before a USCIS denial or order of removal becomes final. At Rhodes Immigration Law Office, we have extensive experience in the courtroom and U.S. Citizenship and Immigration Services (USCIS) offices, and we can ensure your case is directed to the proper authorities.
What is an Immigration Appeal?
An appeal is a request for a higher authority, usually the Board of Immigration Appeals, to review a decision made by a USCIS officer or Immigration Judge which you feel was in error. Not all applications filed with USCIS can be appealed, but almost every decision by an Immigration Judge may be appealed.
Because an appeal is not a new hearing or trial, you will not be asked to submit any new evidence or file additional documents. Instead, you must request that the Board of Immigration Appeals (BIA) or Administrative Appeals Office (AAO) review the original denial. The only new filings will be the Notice of Appeal and a Statement of Reasons for Appeal, which our immigration appeals attorneys in Houston can help you prepare. Most appeals also have a 30 day deadline, so it is important to seek assistance as soon as the decision is received.
Should You Consult an Immigration Attorney for Your Appeal?
It is recommended to work with a Houston immigration attorney for your appeal, even though you do not need to submit new evidence at this stage. Your attorney can help you draft the Statement of Reasons for Appeal to ensure it clearly explains why the review board should reexamine your case.
Your appeal must also meet certain bureaucratic deadlines. You must file within 30 days of the date on the denial letter, not the date you received it. When you send the document, it must arrive before the deadline expires, and the date on the postmark will not suffice.
You must also submit your appeal to the correct agency. The BIA only handles denials from the USCIS and immigration courts, while the AAO reviews visa petitions filed from foreign countries. These agencies will not correct your mistake if you misfile a document.
Consulting an attorney can help you avoid missing a deadline or filing with the wrong office. If the appeals board denies your case, our lawyers are prepared to file a petition for review with the federal circuit court.
Contact a Houston Immigration Appeals Attorney for Legal Guidance
At Rhodes Immigration Law, we are committed to helping you stay in the United States, obtain lawful residency, and avoid deportation or removal. Because your time to appeal is limited, it is critical to contact a Houston immigration appeals lawyer immediately if you have received a notice of denial. Reach out today for a case review and learn how we can advocate for you as you challenge the board’s original decision.
