In the United States, the immigration appeals process can be a challenging and often confusing process. However, this is a crucial option for those who have received a negative decision in their immigration case. Through this process, and by meeting certain requirements, an individual may seek a review of his or her case.
To begin with, it is necessary to understand what this process consists of. At Jaskot Law, we have compiled all the information you need to know in order to file an immigration appeal. Keep on reading this article to learn about processing strategies and how long does a successful immigration appeal take.
What is an immigration appeal, and what is it about?
If for any reason, a person is at risk of being deported or removed from the United States, there is a legal pathway to take in order for a judge to reconsider the removal and thus remain on U.S. This process is known as an immigration appeal.
Through the removal appeal, there is the possibility of reversing an adverse decision made by the U.S. immigration authorities. For this, it will be necessary to comply with the stipulated steps and requirements and to present arguments and additional evidence before the Court of Appeals to demonstrate your eligibility for the requested immigration benefit.
Understanding what the process consists of
When appealing a decision made by a judge, and a dissent is filed with the Court of Appeals to review the decision, it is necessary to do so within 20 days of the issuance of the decision. Also, it is necessary to present the legal documents on which the disagreement is based.
In the event that the decision is re-evaluated, and the appeal is granted, the appeal may have some of the following effects:
- The appeal is suspended. If the appeal is suspended, the proceeding will remain suspended until the judge of second instance resolves it.
- The appeal is returned. If the sentence is approved, the processing of the proceeding will not be affected, and the trial judge continues with the prosecution.
- Deferred, or mixed effect. The approved sentence is suspended, the previous process continues its course before the corresponding judge.
What is the processing time for an immigration appeal?
The processing time for an immigration appeal can vary considerably, depending on several factors. This period starts from the time the appeal is filed until a decision is made, which usually takes numerous months.
The wait for an immigration appeal process can be long and difficult to stipulate, some cases taking between 8 and 12 months, or even extending to a wait of one year. In part, the waiting time depends on where you have filed your appeal. For this reason, it is highly recommended to file the immigration appeal as soon as possible.
Processing steps
The appeals process is made up of two stages, and understanding how the appeals process and the Office of Administrative Appeals works can help us better understand the complexity of an immigration appeal.
- Initial field review. The office that made the unfavorable decision has 45 days to evaluate the appeal and determine whether to change the decision. If there is no favorable change at this stage, the appeal will be forwarded to the Administrative Appeals Office.
- Revision of the appeal. The Office of Administrative Appeals will be responsible for the review of the appeal at this stage, within 180 days of receiving the case file. However, it should be noted that some cases may exceed 180 days, and additional documentation may be required to complete the file.
Timeliness of completed cases
These are some case completion times performed by the Office of Administrative Appeals in the January-March quarter of the current year.
| Form and Type of case | Completed between 0 and 180 days | Completed in the last three months |
| I-129CW: Transitional Nonimmigrant Worker Petition | 100% | 1 |
| I-129F: Petition for Fiancee(a) | 100% | 13 |
| I-131: Application for Travel Document | 100% | 15 |
| I-212: Application for Reapplication for Admission | 100% | 46 |
| I-360 VAWA: Petition under the Violence Against Women’s Act | 100% | 64 |
| I-485T: Adjustment of Nonimmigrant Status T | 100% | 1 |
| I-485U: Adjustment of Nonimmigrant Status U | 97.7% | 44 |
| I-526: Foreign Entrepreneur | 0% | 5 |
| I-601: Application for Waiver of Inadmissibility | 100% | 131 |
| I-612: Application for 212(e) Exemption | 100% | 4 |
| I-800: Petition to Classify Convention Adoptee as an Immediate Relative | 100% | 1 |
| I-821: Temporary Protected Status | 100% | 36 |
| I-914: Application for T Nonimmigrant Status | 100% | 7 |
| I-914A: Applications for Immediate Relatives of T-1 Recipients | 100% | 1 |
| I-918: Petition for U Nonimmigrant Status | 100% | 62 |
| I-929: Petition for Qualified Nonimmigrant Relative of a U-1 Nonimmigrant | 100% | 6 |
For the complete list, you can consult the official website of the U.S. Citizenship and Immigration Services – AAO Processing Times.
Expulsion and the importance of stopping it
Removal is a legal procedure that can have a devastating impact on the lives of individuals and their families. This process, in turn, can be initiated for a variety of reasons, including immigration violations, national security violations, among others.
If you are facing removal, it is important that you apply for a stay of removal until the court decides what to do with your case, so you can remain in the United States. However, it should be noted that withholding of removal can still be denied, and the chances of facing deportation will not be suspended.
What happens if the appeal request fails?
If your appeal request is unsuccessful or fails, it is important to understand that it is not the end of the legal road. Although it may seem daunting, there is still the option of filing an Appeal to a higher court.
However, it is always best to consult with an experienced immigration attorney to review your case. Contact Jaskot Law’s team to receive personalized attention and find the best way to resolve your immigration situation.
Appeal versus cassation, what is the difference?
If a person is under a decision to be deported, he or she may have recourse to legal remedies to have his or her case reviewed and have the possibility of having the decision reversed. Appeal and cassation are two judicial remedies that allow a court decision to be challenged. However, their purpose and the circumstances under which they can be used are different.
Appeal
To understand the appeal, we must keep in mind that, in general terms, an appeal is a remedy used to challenge the decision of a court of first instance. This means that if a court makes a decision and there is disagreement with the decision, an appeal can be filed for review by a second instance court. The purpose of the appeal is to correct possible errors of fact or law that occurred during the trial.
Cassation
Cassation, on the other hand, is an appeal to a supreme or cassation court to challenge a decision of an appellate court. It is important to understand that cassation is not used to correct errors of fact, but to correct errors of law or jurisprudence. This means that cassation cannot be used to challenge the appellate court’s assessment of the evidence.
How can an experienced immigration attorney help in an appeal process?
When you are facing a complex process that may affect your life and stay in the United States, it is a good idea to have the support of an experienced immigration attorney. This professional will be able to guide you through the appeals process, using his or her detailed knowledge of immigration laws and regulations, to obtain a favorable outcome in the resolution of your case.
At Jaskot Law we believe that the dreams and aspirations of our clients are important, and therefore we provide personalized attention to each one of them. If you are facing deportation and want to file an immigration appeal, we will help you organize and submit the required documentation and ensure that all deadlines are met in a timely manner. Contact our expert team today.
Frequently Asked Questions
What is an immigration appeal?
An immigration appeal is a legal process by which an individual can ask a judge to reconsider his or her removal or deportation from the United States. This process may allow an individual to reverse an adverse decision made by the U.S. immigration authorities by presenting arguments and additional evidence before the Court of Appeals.
How long can an immigration appeal take?
The processing time for an immigration appeal can vary considerably depending on several factors. Some cases may take 8 to 12 months, or even longer. The waiting time depends on where the appeal was filed and it is advisable to file the appeal as soon as possible.
What happens during the immigration appeal process?
The immigration appeal process consists of two stages: the initial field review and the appellate review. At the initial field review, the office that made the unfavorable decision has 45 days to evaluate the appeal. If there is no favorable change, the appeal is forwarded to the Office of Administrative Appeals for review.
What happens if the appeal request fails?
If an appeal request fails, there is still the option to file an Appeal to a higher court. However, it is always advisable to consult with an experienced immigration attorney to review your case and find the best way to resolve your immigration status.
What is the difference between appeal and cassation?
An appeal is a remedy used to challenge the decision of a court of first instance, with the objective of correcting possible errors of fact or law. On the other hand, cassation is an appeal to a supreme court to challenge a decision of an appellate court, used to correct errors of law or jurisprudence.
Ana Aguirre Santos is an advanced student of the National Sworn Translator’s Degree in English at the National University of Córdoba (Argentina) where she specializes in legal and commercial translation. She has worked as a translator and copywriter for several websites, creating relevant and reliable content for a variety of users.
