Immigration Appeals

Immigration Appeals & Denials

If your immigration petition or application has been denied, you may have appeal options. Our experienced immigration attorneys specialize in appellate work and will fight to overturn wrongful denials and protect your immigration rights.

Types of Appeals We Handle

• USCIS Administrative Appeal: I-290B appeal to USCIS Administrative Appeals Office
• Immigration Court Appeals: Appeal to Board of Immigration Appeals (BIA)
• Judicial Appeals: Federal court appeals of immigration decisions
• Removal Appeals: Appeals in removal/deportation proceedings
• Visa Petition Denials: I-140, I-130 and other petition denials
• Motions to Reopen/Reconsider: Motions based on new evidence or legal arguments

Common Grounds for Immigration Denials

• Insufficient documentation or evidence
• Medical examination issues or health grounds
• Public charge determination
• Criminal grounds or security concerns
• Fraudulent documentation or misrepresentation
• Immigration history or prior violations
• Lack of family ties or employment verification
• Language or competency requirements not met

Appeal Process Steps

• Review of original denial letter and application
• Analysis of appeal grounds and legal options
• Gathering additional evidence and documentation
• Preparation of appellate brief and memorandum
• Filing appeal with appropriate jurisdiction
• Oral argument preparation and representation
• Response to government appeals or replies
• Monitoring appeal status and decision

Why Choose Our Immigration Appeals Team?

• Extensive appellate brief writing experience
• Knowledge of immigration law and precedent decisions
• Experience with USCIS Administrative Appeals Office
• Immigration court and BIA appeals expertise
• Federal court litigation experience
• Understanding of critical deadlines and procedures
• Track record of successful appeal reversals

Appeal Deadline and Time Limits

Immigration appeals have strict filing deadlines. Depending on the type of denial:

• I-290B Appeals: 30 days from denial notice
• BIA Appeals: 30 days from immigration judge decision
• Motions to Reopen: Generally 30 days, sometimes 90 days
• Extension requests require exceptional circumstances
• Missing deadlines can result in waiver of appeal rights

Common Appeal Arguments

• Misinterpretation of immigration law
• Insufficient evidence for denial decision
• Procedural errors by USCIS or immigration court
• New evidence that affects the case outcome
• Humanitarian considerations and equity
• Constitutional or legal rights violations