Jacksonville Immigration Appeals & Motions Attorney 

Appeals & Motions before the United States Citizenship and Immigration Services (USCIS)

At times, the USCIS may deliver unfavorable immigration decisions. This can happen because of a procedural issue or an application error, among other reasons. Generally, you only have 30 days to appeal a denial or file a motion to reopen or reconsider. If you are unhappy with a USCIS decision, it is essential to act quickly. 

At the Law Office of Karen Winston, LLC, we are prepared to assist with matters involving appeals and motions. Since 2014, we have served countless individuals and families in Florida and Georgia. Our Jacksonville appeals and motions immigration attorneys have the skills and know-how to support and advocate for you. 

Find out how we can help you in a consultation. During this meeting, we can review a copy of your denial and discuss your legal options. We are always honest with the people we serve and will make certain to provide clear information you can use to make important decisions about your immigration case. 

Contact us online or Call (904) 590-2689 today to schedule a consultation. Our services are available in Spanish and Haitian Creole. 

Immigration Appeals

If you have received an unfavorable decision from the USCIS concerning a visa, asylum, adjustment of status, or any other matter, you may be able to appeal it. An appeal is a request that another authority review your decision and reverse it. 

You can file an appeal with the Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA). Your decision letter will inform you which entity will handle your appeal.  

Appeals to the BIA

Should an immigration judge deny your request for immigration relief or bond, you can file an appeal with the BIA. Your appeal should include detailed reasons why you believe the decision should be reversed. You must make an appeal within 30 days of the judge’s decision. If you fail to do so, the decision will become final. 

If you are detained while filing an appeal with the BIA, you will remain detained. However, you cannot be deported. 

It could take several months or even years for the BIA to issue a decision regarding your appeal. While an appeal is pending, you cannot leave the US, or the judge’s decision will stand. 

Appeals to the AAO

When you file an appeal with the AAO, the USCIS will review the initial decision. 

Its review can lead to two outcomes:

• Treating the appeal as a motion to reopen or reconsider and grant it
• Forwarding the appeal to the AAO for review

The Appeal Process with the Board of Immigration Appeals (BIA)

The Board of Immigration Appeals (BIA) is the highest administrative body within the U.S. Department of Justice that handles appeals related to immigration cases. If you receive an unfavorable decision from an immigration judge or other authorities, you may have the option to appeal the decision to the BIA. Here's a detailed breakdown of the appeal process:

How to File an Appeal with the BIA

Filing an appeal with the BIA requires a formal process, and it’s crucial to follow the correct steps to ensure your appeal is properly considered: 

• Review the Decision Letter: Once you receive an adverse decision from an immigration judge (IJ) or USCIS, your decision letter will indicate if the BIA has jurisdiction to hear the appeal. It will also provide important instructions on how to proceed with the appeal.
• Filing the Notice of Appeal (Form EOIR-26): You must submit the Notice of Appeal (Form EOIR-26) to the BIA within 30 calendar days of the date on the decision. The form is available on the Executive Office for Immigration Review (EOIR) website and must be filed online or via mail. This form serves as your official notification of the intent to appeal.
• Paying the Filing Fee: In most cases, there is a filing fee for submitting an appeal. You will need to include this payment when filing your appeal. However, fee waivers may be available for those who cannot afford the fee.
• Submission of Briefs or Arguments: You will need to file a written brief, explaining the legal reasons for your appeal. This brief can argue that the immigration judge made an error in their interpretation of the law, fact, or procedure. It must clearly state why the decision should be reversed.

Our appeals and motions immigration attorneys will help you file an appeal with the BIA to make sure everything is properly considered. 

What Documentation is Required?

The documentation you submit as part of your appeal is crucial to supporting your argument. Common documents that may be required include:

• Notice of Appeal (Form EOIR-26): This form is required to officially start the appeal process.
• Brief of Argument: A legal brief that outlines the issues, legal errors, and reasons why the decision should be overturned. It should reference legal precedents, case law, and relevant regulations.
• Additional Evidence: If you have new evidence that was not available at the time of the original hearing or that could change the outcome of the case, you can submit it along with your appeal. This might include affidavits, expert reports, or documents from other agencies.
• Supporting Documentation: If applicable, include any additional documentation that could help support your case, such as:
• Court transcripts from the initial hearing
• Testimonies from witnesses or experts
• Any documents that clarify your eligibility for immigration benefits

Proof of Timely Filing: The BIA must receive your appeal within 30 days of the decision. Ensure that you provide evidence that the appeal was filed within the correct timeframe. Our appeals and motions immigration attorneys will help you with all the required documentation.  

Contact us online or Call (904) 590-2689 today to schedule a consultation. Our services are available in Spanish and Haitian Creole.