Immigration Appeals Attorneys
HOW TO APPEAL YOUR IMMIGRATION RULING IN HOUSTON
Davis & Associates provide top immigration appeals services to all of South Texas, including Houston, Pasadena, The Woodlands, Sugar Land and surrounding areas. Our expert legal attorneys handle all aspects of immigration law including deportation defense, green card acquisition, naturalization, permanent residence, business immigration law, consular visa processing, employer compliance, temporary visas for work or college, deportation defense, and more.
What is an Immigration Appeal?
If an applicant has received an unfavorable decision from the USCIS in an immigration case, they may file an appeal or a motion. An appeal is a request to a different authority to review the unfavorable decision. Appeals can be filed with the USCIS Administrative Appeals Office (AAO) or with the USCIS Board of Immigration Appeals (BIA).
A motion is a request for the USCIS office that issued the unfavorable decision to review its decision. Motions can be filed to reopen or reconsider the unfavorable decision. A motion can be filed even if the applicant is not eligible for an appeal.
The applicant will need to file the necessary appeals form within 30 days of the decision. The applicant should identify any erroneous conclusions of law or statements of fact in the unfavorable decision. This explanation of why the applicant thinks the decision was in error is necessary or the appeal may be dismissed.
A motion can be filed to reopen only based on new facts. It must state new facts and be supported by affidavits or other documentary evidence. A motion to reconsider is based on the misapplication of the law. The motion must show that decision was incorrect based on the evidence of record at the time of the decision. The motion must be supported by statutes, regulations or precedent decisions at the time of the decision. The motion must be filed within 30 of the decision.
How can an Immigration Appeals Attorney Help?
Filing for an appeal or a motion can be arduous and confusing. There are many procedural rules and specific deadlines that apply to an appeals process. If the deadlines or rules are not met, the chance of submitting new evidence or have the case reconsidered will be lost. Immigration attorneys can evaluate and build the case for the appeal. They can find the mistakes that were made the first time, or find the problem with the evidence that was submitted. Immigration appeals lawyers know how to address the specific points made by the deciding officer, present proper evidence and make the best possible arguments for the case. If the appeal or motion is not filed correctly, the decision can be held against the applicant and all future decisions will be affected. An immigration appeals attorney can help avoid this catastrophe.
If you or a loved one have questions regarding your immigration appeals process, contact Davis & Associates today. Our staff of qualified, knowledgeable attorneys have years of immigration appeals experience. We set our clients’ minds at ease that all the aspects of your immigration appeals process will be handled with professionalism and care.