If a person receives an unfavorable response to his or her immigration case, they can still use a legal pathway to have that decision reevaluated, the immigration appeal. This process provides an option for those facing an uncertain immigration future.
At Jaskot Law, we believe that understanding the complex legal process of immigration appeals is vitally important for anyone who has received an unfavorable response to their case. That is why our experienced immigration attorneys are willing to provide personalized attention for the resolution of your case. Contact us today.
Immigration appeal, what is it and what does it consist of?
If a person has received an unfavorable immigration decision, they may have recourse to a legal pathway by which the decision may be reconsidered, that pathway is called an immigration appeal. In order to go through the process, the person must comply with certain requirements stipulated by the U.S. government to have the case reviewed by a different agency than the one that issued the unfavorable decision.
When is an immigration appeal filed?
Generally, the immigration appeal must be filed within 30 calendar days of the unfavorable decision. For this purpose, the applicant must prepare the corresponding appeal form, detailed in the notification of the unfavorable decision. In some circumstances, this time period may be extended, but if this time period is exceeded, a person may lose their right to appeal an immigration decision.
How can I appeal an immigration case?
Immigration appeals may be filed with the Administrative AppealsOffice (AAO) or the Board of Immigration Appeals (BIA) using an immigration appeal form. These appeals are usually made through a Form I-290B Notice of Appeal or Motion, but in some cases, other forms are required to be filed to address some immigration cases.
In addition, it is necessary to keep in mind that not all cases can be appealed, and that the appeal process does not imply a new trial, but a review of the decision made. These are other cases that may be appealed for reconsideration:
- Form EOIR-29 to appeal the Petition for Alien Relative Petition, and other decisions.
- Form I-694 to appeal the cancellation of temporary resident status.
- Form N-336 to appeal naturalization decisions.
Form I-290B
Form I-290B is a U.S. Citizenship and Immigration Services (USCIS) document used to appeal or file a motion on a negative decision issued in a case. In order for the decision to be reconsidered, additional arguments and evidence must be presented. For more information you can read our article and find out when Form I-290B can be used.
Form I-290B filing fee
The filing fee for Form I-290B is $800. This fee includes the filing of the form under various categories. Please note that some people may be eligible for a Fee Waiver, or payment relief. For more information on fees and payment relief, we recommend that you consult the U.S. Department of Homeland Security’s Schedule Fee.
Form EOIR-29
The Form EOIR-29 is used to request an appeal of an unfavorable decision on the Petition for Alien Relative Petition, Form I-130. This application is also used to appeal the processing of Form I-360, Amerasian, Widow(er), or Special Immigrant Petition. If you need more information about this form we tell you everything you need to know about How to appeal to the Board of Immigration Appeals.
Form EOIR-29 filing fee
The filing fee for Form EOIR-29 is $110, and can be paid through a variety of payment methods, including money order, personal check, cashier’s check, or pay with a credit card if filing by mail. Instead, if you file the appeal at a local office, you may pay the filing fee by personal check, credit or debit card, and reloadable credit or debit card. For additional information on filing fees, please refer to the U.S. Department of Homeland Security Schedule Fee.
Types of possible appeals
There are different types of appeals that are filed with different agencies, depending on the decision that needs to be reconsidered. These are some of the types of appeals that offer a legal avenue for those who have received an unfavorable resolution to their immigration cases:
- Appeals to the Board of Immigration Appeals (BIA)
- Appeal to the United States Court of Appeals
- Actions under the Administrative Procedure Act (APA)
- Habeas Corpus
- Injunction
Steps to appeal
To file an immigration priority, it is important that you follow the steps below:
STEP 1: Obtain and complete the appropriate form for your immigration case within 30 calendar days of the unfavorable decision. Include relevant data and complete all fields to ensure that your form is not rejected.
STEP 2: Prepare, if necessary, a legal statement to explain the reasons for your appeal with clear arguments. Include available evidence to support your appeal and include witnesses.
STEP 3: Pay the fees corresponding to the processing of your appeal process, which vary according to the form you need to submit.
STEP 4: Once you have gathered all relevant documentation, send the Notice of Immigration Appeal to the appropriate agency and follow the filing instructions.
Helpful hints for filing any immigration appeal form
- Sign the form in the space provided, as the form received without the applicant’s signature will be rejected.
- Submit the most recent version of the form. All updated forms can be found in the All Forms section of the official U.S. Citizenship and Immigration Services website.
- Complete the forms online and then print and mail them to us, or print the forms and complete them by hand in clear, legible handwriting.
- Do not use correction tape or correction fluid on your forms, as they are processed through a machine.
- Complete the form in its entirety, unless otherwise indicated. Incomplete forms may be rejected.
How long does it take to resolve an immigration appeal?
An immigration appeal can take about 8 to 12 months to resolve. This time period may be subject to modification depending on the complexity of the case, external factors, or the location where the appeal was filed. With this in mind, it is advisable to file the appeal of your immigration case as soon as possible.
Electronic notifications about your case
Once you have completed and submitted your appeal form, you may opt to receive email or text message notifications to ensure that your form has been accepted. To do this, you need to complete Form G-1145 Electronic Notification of Acceptance of Application/Petition and attach it to the first page of your application.
What happens if the appeal request fails?
If your appeal request fails, there is still the option to file an Appeal to a higher court. We recommend that you consult with an experienced immigration attorney to review your case for personalized attention and to find the best way to resolve your immigration appeal case.
How can a lawyer help in the appeal process?
The process of appealing an immigration case in the United States can be complex and daunting, but with the help of an experienced immigration attorney you will be able to find a solution to your immigration problems. An attorney will help you complete all relevant forms and gather the necessary evidence for your unfavorable reconsideration decision.
At Jaskot Law we believe that having the support of an immigration attorney can make a difference in the outcome of your immigration appeal. With a personalized service, our team of lawyers offers effective solutions for your future in the United States. Contact our team today.
Frequently Asked Questions
What is an immigration appeal?
An immigration appeal is a legal remedy that can be used when a person receives an unfavorable decision in his or her immigration case. This process involves the review of the decision by an agency other than the one that issued the unfavorable decision.
When should an immigration appeal be filed?
The immigration appeal generally must be filed within 30 calendar days of the unfavorable decision. However, in some circumstances, this period of time may be extended. It is important to remember that if this deadline is exceeded, the right to appeal the immigration decision may be lost.
What is Form I-290B?
Form I-290B is a U.S. Citizenship and Immigration Services (USCIS) document used to appeal or file a motion on a negative decision issued in an immigration case. This form should be used to present arguments and additional evidence to have the decision reconsidered.
What happens if my appeal request fails?
If an appeal request fails, there is still the option to file an Appeal to a higher court. It is advisable to consult with an experienced immigration attorney to review the case and receive personalized attention to find the best way to resolve the immigration appeal case.
