Immigration Appeal Lawyer
- 15+ Years Experience
- Bilingual Services (Spanish/English)
- Free Consultation
- Family-Centered Approach
When an immigration case doesn’t go as planned, you may feel overwhelmed, confused, or scared about what comes next, which is totally understandable. Fortunately, you don’t have to go through this on your own. The team at Alonso & Alonso is here to help you with any denied immigration petitions and help you build a strong appeal.
With over 15 years of experience, we have seen a wide range of cases and know how to handle situations when a case doesn’t turn out as planned. Our immigration attorneys and support staff speak both English and Spanish, so you can rest assured that you won’t be misunderstood during the process. If you need help understanding your options or wish to challenge a previous decision, reach out for a free evaluation with an immigration appeal lawyer.
What Is an Immigration Appeal?
An immigration appeal is a formal process that allows you to request a higher authority to review and reconsider a decision made about your immigration case. If the U.S. government denies your immigration application for a Green Card or another immigration benefit, you may have the right to appeal (or file a motion to reopen or reconsider), depending on the type of application and which agency issued the decision.
Appeals are an essential safety net in U.S. immigration law, providing individuals with an opportunity to have a higher authority review the decision for legal or factual errors. Being able to appeal helps ensure the process is fair and just for immigrant families and individuals.
Reasons to File an Immigration Appeal
There are many reasons why you might consider filing an immigration appeal after receiving a denial or negative decision. Understanding these reasons helps you decide if an appeal is the right step for you or your family.
Legal or Procedural Error
Immigration officers sometimes misinterpret or misapply the law, or don’t properly follow set agency procedures when deciding your case. Appealing legal errors gives a higher authority the chance to review what went wrong and potentially overturn the original decision, helping to ensure the immigration system protects your rights.
Unfair or Biased Decision
Some denials result from decisions that feel prejudiced or reflect a misunderstanding of your circumstances. An appeal can lead to an impartial immigration review by a different authority, giving your case a fresh look that may correct injustices from the first process.
Misunderstood or Missing Documentation
Sometimes applications get rejected simply because necessary paperwork was lost, mailed late, or misunderstood in meaning. By appealing and providing additional clarifications or updated documents, you may be able to clarify any confusion and demonstrate eligibility that was previously overlooked.
In some situations, your lawyer may recommend filing a motion to reopen or reconsider instead of, or in addition to, an appeal, especially if you have important new evidence.
If you think any of these situations apply to you – or you think you have another reason to appeal – your best bet is to reach out to an immigration attorney and discuss the problem with them as soon as possible.
The Appeal Process
Filing an immigration appeal isn’t easy. It requires several steps, and if you don’t complete everything correctly, you may miss out on your opportunity. Below is an overview of the appeals process and what you need to do:
Confirm the Forum and Deadline
Read your decision to see where to appeal and the exact deadline. Many appeals must be received by the deadline (not just postmarked) to be considered.
Filing the Appeal
If you wish to appeal, you must complete and send the correct form stating the reasons you disagree with the decision. For example, you use Form EOIR-26 when you’re appealing the decision of an immigration judge to the BIA. Your legal representation can help you determine which form to use.
You’ll need to include the required filing fee, typically via a check or money order. If you’re struggling to come up with the money for the fee, you can request a possible fee waiver.
Submitting the Notice and Documentation
Send copies of your appeal and supporting materials to the relevant government office, such as the Department of Homeland Security or USCIS. Always keep proof of filing, such as stamped receipts or delivery confirmations, in case questions arise about timing or service.
Submitting a Legal Brief
After your notice is filed, you will typically receive a timeline and, sometimes, a transcript from your previous hearing. You have the option, or sometimes the requirement, to submit a written legal brief detailing your arguments, supported by facts from the official record. You may also be given a chance to reply to arguments made by the government.
Waiting for a Decision
Once all materials are gathered, your case will be reviewed by the appellate body, which will issue a written decision. Outcomes could include upholding the original result, overturning the decision, or sending the case back to the lower court for further proceedings.
When you’re appealing a denial, so much is at stake, as this could be one of your last chances to get the outcome you’re hoping for. Make sure you get legal help as soon as possible.
Board of Immigration Appeals (BIA)
If you disagree with a decision made by an Immigration Judge, the Board of Immigration Appeals (the highest administrative body for interpreting and applying immigration law) serves as your first level of appeal. Your law firm can guide you through this process from start to finish.
You’ll submit the original, signed form and all case attachments to the Board of Immigration Appeals (BIA). It is also important to deliver a copy to the Department of Homeland Security (DHS) and retain one copy for your own records. The Board must actually receive your appeal (not just have it postmarked) within 30 days of the judge’s decision.
The Board of Immigration Appeals assesses for errors or misapplication of the law rather than reviewing new evidence or additional information. After initiating your appeal, the Board of Immigration Appeals will provide you or your attorney with the official court transcript, decision, and a schedule for legal briefs.
These written briefs are critical because they allow your legal representation to detail what went wrong legally before the BIA. With the BIA’s decision, your options might include receiving a confirmation, reversal, or remand for further proceedings.
If you don’t win a BIA appeal, you generally have 30 days to ask a United States Court of Appeals to intervene. The government/Immigration and Customs Enforcement (ICE) may also appeal the case if you are successful, so having legal guidance is critical.
Administrative Appeals Office (AAO)
The AAO is a specialized appellate office within U.S. Citizenship and Immigration Services, focusing primarily on cases involving immigration benefits, rather than immigration court removal orders. When the United States Citizenship and Immigration Services (USCIS) denies applications such as employment-based petitions or waivers of inadmissibility, your immigration lawyer helps you submit an appeal or motion for reconsideration.
Once your case arrives, the AAO first gives the original USCIS office another chance to simply reverse its own denial (a “field review”). If they don’t change course, the AAO thoroughly reviews the paperwork and then issues a written opinion. These rulings range from non-precedent decisions, which are limited to your unique case, to full precedent-setting actions that influence future rulings for other immigrants.
Appeals can involve a wide range of situations, including business visas, family petitions, green card applications for victims of violence, investor visas, and humanitarian statuses.
U.S. Courts of Appeals
Sometimes you have the right to take your immigration fight to federal court. Your lawyer will file a “petition for review” to the U.S. Court of Appeals with jurisdiction over your area, but this must be done within 30 days after the BIA’s final decision.
The judges in circuit court appeals won’t revisit all the case facts; instead, they’ll look for possible legal errors, incorrect interpretations, or constitutional violations. Filing this federal case doesn’t automatically pause (or “stay”) a deportation order, so skilled immigration lawyers almost always request an emergency stay while the issue is pending.
Motions to Reopen or Reconsider
Beyond traditional appeals, your law firm may suggest a motion to reopen or a motion to reconsider, where you’re asking the same court to reconsider something.
Motion to Reopen
This approach is possible when new evidence or facts surface that couldn’t be provided originally. This isn’t just a retelling of the original case – there must be legitimate new evidence. The appeals bodies themselves may choose to reopen a file “on their own motion.”
Motion to Reconsider
A motion to reconsider is about demonstrating that the court misapplied immigration laws, regulations, or case precedents, even if no new facts have arisen. This type of motion is based on the legal record at the time of the decision and typically cites legal or policy precedents, such as a recent ruling by a higher court or a clarified government guideline.
If you have new evidence and also believe the law was misapplied, you can file both of these motions at the same time (though they will be reviewed separately).
Our Success Stories
They are so kind and understanding at this law firm. Every employee is happy to help you. I truly appreciate them, as we’ve been to many different lawyers and nobody can compare to the way they treat their clients. I love how they are consistent with calls and texts letting you know in which phase of the process that your case is in. Highly recommend their services. They were able to get my dad a work permit even when we thought it’d be near impossible!!
It’s been a pleasure working with the firm Alonso & Alonso , they have been keeping me updated about my case and answer all the questions that I may have. The whole staff have been amazing and super helpful thank you so much for your patience and for going above and beyond for your clients.
WIN.!!WIN.! WIN.!!!!!!They won my removal and deportation case. I could have get deported. It was an impossible case. Attorney Chris Alonso and his team is amazing. I am really thankful to the whole team of Alonso & Alonso Law firm. Now I can work freely and hopefully will get my green card soon. Throughout the process they were professional, honest and helpful. The way they presented my case in the court was simply professional, humble and proud of the their skills.
Thanks Alonso & Alonso Attorneys at Law, you saved my life and future.!🙏🙏
I’m very happy with their service. Best customer service. They keep you updated very well through out the process.
I am very happy to be a part of the Alonso and Alonso family. Very professional and attentive. They always keep me inform of how my case is going. I also love it that they take there time to review my case and make sure everything is right on point . I understand that this takes time to me it doesn’t matter how long it takes as long as my lawyer get me what will change my life . Thank you family for taking my case when no other lawyers would . Keep doing a great job and making our dreams come true. May god bless you Mr Chris and Vanessa and there professional team.
This team has been one of the most consistent, attentive and more with my case. They always answer my calls quick and have the patience for all of my questions;They inform me about everything so well . I’m glad to be a part of Alonso & Alonso law.
Choose Alonso & Alonso for Your Appeal
Appealing an immigration decision can be one of the most complex parts of the U.S. immigration process, especially when time is limited and strict deadlines apply. Partnering with an immigration lawyer gives you a much stronger chance to protect your status and win relief for your family. Here are some ways they can assist:
Checking for Past Mistakes
Your attorney will closely examine your case file for any mistakes from the judge or missing evidence that could strengthen an appeal.
Discovering Paths to Relief
An experienced attorney knows to pursue every available type of relief after a case denial. By reviewing your case and knowing the law, your lawyer will give you the best chance possible to file a successful appeal.
Supporting Immigrants and Loved Ones
Above all, your immigration attorney stands alongside you, recognizing how court outcomes impact not just one person but entire families hoping to stay together in this country.
What Sets Alonso & Alonso Apart?
Many immigrants feel lost and worried after a judge’s decision, but appeals don’t have to be taken on alone. With Alonso & Alonso in your corner, you are represented by a proven, determined immigration office searching every legal pathway and building the best defense for you and the people you love. Here’s what sets us apart and how we can help:
- Over 15 years specializing in immigration law, giving guidance you can rely on even for the most intricate immigration enforcement and removal cases
- Extensive experience with hundreds of successful cases and many appeals, including before federal circuit courts and immigration appeals boards
- We specifically focus on adjustment of status appeals
- A native Spanish-speaking team offering a compassionate office environment, so you always feel heard
- Assistance in determining eligibility for relief under new law changes, ineffective assistance of prior counsel, or shifting Department of Homeland Security rules
Contact us today to discuss your options and let our staff attorneys get to work reviewing your case for every last chance at justice and relief.
Book a Free Case Evaluation with Experienced Immigration Attorneys
If you’ve submitted any kind of immigrant petition and have received a denial, you should strongly consider filing an appeal. Our team can help you determine what went wrong and help you build a strong appeal case to give you the best chance of getting the decision you were hoping for.
You can call 855-663-4763, fill out our online contact form, or even reach out to us via WhatsApp at +1 (210) 529 6025 – whatever you’re most comfortable with – and we’ll get you set up with a free evaluation. During this meeting, you’ll have an opportunity to ask questions about what’s next so you know what to expect. We’re here for you and your family, and we’ll do everything possible to assist you.
Appeal FAQs
What are the chances of winning an immigration appeal?
The chances of winning an immigration appeal depend on the specific facts of your case, the strength of your arguments, and whether there was a clear legal or procedural error in your original decision. Success rates also vary by the type of appeal and the experience of your attorney. While not all appeals succeed, it’s definitely something worth considering.
How to win an immigration appeal?
Winning an immigration appeal typically requires demonstrating that a legal or procedural error occurred in the initial decision. In some cases, new evidence is presented, but that’s through a motion to reopen rather than the appeal itself. A qualified immigration attorney can guide you step-by-step and help decide whether to file an appeal, a motion, or both.
How much does it cost to appeal an immigration case?
The filing fee to appeal varies slightly depending on which authority you’re appealing to, but fees can be around $1,000 to $2,000 (though the exact cost depends on the type of appeal and is subject to change). Attorney fees vary based on experience and the firm you choose.
How long do immigration appeals take?
Immigration appeals can be slow, sometimes taking many months or even over a year or two to receive a decision, depending on the court’s workload, the type of appeal, and whether hearings or written briefs are required.
How are motions to reconsider and motions to reopen different from appeals?
A motion to reconsider or reopen asks the same court or agency that denied your case to review its decision based on new evidence (reopen) or a claimed legal error (reconsider), while an appeal sends your case to a higher authority for review.
