Appeals for Denials and Termination of Status
Many immigration applications for visas, asylum, citizenship, and green cards are denied each year for a variety of reasons, such as failure to complete the paperwork correctly or provide appropriate documentation, inadmissibility due to criminal history, health and behavioral problems, being viewed as a security risk for the country, or violation of the terms and conditions of a past or current visa. A denial is devastating and has many adverse effects on an immigrant’s future. Under certain circumstances, denials can be resolved by reapplying, however many denials require an appeal. An appeal is a process of petitioning for a higher court to review a lower court’s decision.
It is vital to have the representation of an experienced immigration attorney when faced with a denial or termination of status. It is a time-sensitive matter, as a Notice of Appeal must be filed within a certain allowed time frame. The Law Office of Ilia Garrity Lopez, PLLC, has helped many clients overcome a wide range of denials. Our office presents a comprehensive defense to the governing body that is reviewing or hearing the appeal. We are adept at all levels of an appellate court process.
Options for the Filing of an Appeal
- The Administrative Appeals Office of the United States Citizenship and Immigration Service handles most of the appeals and termination of status cases. They have appellate jurisdiction of approximately fifty types of immigration denials. Examples of these cases include appeals of employment-based and non-immigration visa petitions, petitions for immigrant entrepreneurs, fiancé petitions, T and U visa applications, and temporary protected status applications. A lower court or administrative body’s determination can be overturned, reconsidered, or reopened, especially if there is new evidence submitted or a decision was based on an incorrect application of law or policy.
- The Board of Immigration Appeals in the United States Department of Justice is the next highest level of government to file an appeal for an unfavorable ruling. They have nationwide jurisdiction for interpreting and applying immigration laws. Examples of the cases reviewed in this setting are orders of removals and applications for relief from removal, petitions for preference visas, denials of asylum, and motions for reopening and reconsidering prior decisions. Cases are usually “paper reviews” with occasional oral arguments.
- The United States Circuit Court of Appeals (federal court) provides judicial review for a client that has been denied by the Board of Immigration Appeals. After reviewing the case, the Circuit Court of Appeals can uphold the lower court’s decision, modify, or reverse the lower court’s decision in favor of the applicant.
- The United States Supreme Court is the last avenue for an appeal. They choose only a limited number of cases to hear annually.
The Law Office of Ilia Garrity Lopez, PLLC, helps Immigration Clients to Succeed.
An appeal requests a formal change to an official legal decision and has strict procedural rules. A court of appeals hears or reviews a lower court’s decision based on legal error, procedural mistakes, or abuse of discretion. The Law Office of Ilia Garrity Lopez, PLLC is a trusted advocate for immigration clients. Our office understands that your future is at risk. We vigorously protect our clients’ rights and fight for the most favorable outcome to have lawful status and a secure future in the United States.
Contact the Law Office of Ilia Garrity Lopez, PLLC for an initial, free consultation to discuss your options to remain in the United States. We are available by phone or videoconference at 407-777-7106.