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Marilyn Orbach-Rosenberg
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Immigration Appeals Attorney in New York City and Queens

The New York immigration law office of Orbach Rosenberg Law represents clients throughout the entire immigration process, including appeals to the courts and administrative agencies regarding denials of applications for visas or immigration benefits, deportation orders and more.

Procedure for Immigration Appeals

The first step in appealing an unfavorable decision by USCIS is to file your Notice of Appeal within 30 days of the decision. This is usually done with an I-290 Notice of Appeal or Motion, which is filed with the Administrative Appeals Office (AAO). Once the AAO reviews your application and accepts your appeal, it will be forwarded either to the AAO or to the Board of Immigration Appeals (BIA), who will hear the appeal.

The next step is to file a detailed brief explaining why the AAO or BIA should reverse the decision you are seeking to have changed. Usually, the appeal is decided on the briefs without oral argument being required, unless the issue is particularly complex, important or unusual.

The grounds for review of a USCIS or other agency decision are narrow and limited to questions such as whether the agency made an error of law or procedure, abused its discretion or violated the petitioner’s constitutional rights in its initial decision. An appeal is not an opportunity to have the case heard again.

If you are appealing a judgment from a legal proceeding, such as a bond hearing or deportation/removal case, it is important to reserve your appeal immediately and then make sure your Notice of Appeal is prepared and filed within a timely fashion. In these matters, an EOIR 26 Notice of Appeal must be filed with the BIA within 30 days of the decision, before the judgment becomes final.

Depending upon the nature of your matter, there may be other forms to file, such as:

  • N-336 Request for a Hearing on a Decision in Naturalization Proceedings
  • EOIR-29 Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer

Some of these forms can be very complicated, but your success depends upon selecting the right procedure and preparing your case completely, accurately and persuasively. Choosing a knowledgeable and experienced immigration attorney to represent you increases the likelihood that your appeal will be heard in a timely fashion.

What kinds of immigration matters can be appealed?

A wide variety of immigration matters can be appealed, including:

  • Denial of visa application
  • Denial of application for a Green Card
  • Denial of Labor Certification
  • Denial of Naturalization
  • Deportation order

Appeals may come from USCIS administrative decision, immigration court judges or detention center officials. In addition to BIA and AAO hearings, appeals may also be made to the federal circuit courts of appeals and even the U.S. Supreme Court.

Experienced New York Immigration Attorney for Your Immigration Appeals

The appeals process may not be your only option or even the best choice in your case. In some instances, it may be desirable instead to file a motion asking USCIS to reopen or reconsider an unfavorable decision. Facts supporting such a motion may include the discovery of new evidence or changed circumstances that affect your case. There may also be new legal arguments to make as well, if the previous decision was made incorrectly.

An experienced immigration attorney will be able to analyze your situation and advise you on your best options to appeal an unfavorable ruling. In New York City, contact Orbach Rosenberg Law for sound advice and professional assistance.

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