If you want to win an immigration appeal, you first need to hire an attorney. At this point, your lawyer can find out why your immigration request was rejected in the first place. Your immigration lawyer in Augusta can then file your case and present a compelling argument to get the original decision against you reversed.
At Barrios Virgüez Attorneys, we offer legal help to those involved in immigration cases. To learn more, please reach out to us. We can help you determine if now is the right time to partner with an immigration attorney.
You Can Request a Review of an Unfavorable Decision
In accordance with U.S. Citizen and Immigration Services (USCIS), you may be eligible to file an appeal of an unfavorable decision. You can submit your case to the USCIS Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA). The denial notice you receive will tell you if appealing the initial decision is an option, and if so, where you can submit your request.
If you submit a case, the USCIS office that made the initial decision will perform an “initial field review.” Based on its findings, the office may decide to reverse its decision and give you the immigration benefit you requested. Conversely, the office may find that there is not enough evidence to change its decision.
The team at Barrios Virgüez Attorneys has many years of experience with immigration cases. We can answer frequently asked questions about appeals and similar legal topics. For more information, please get in touch with us.
For a free legal consultation, call 678-888-2222
Tips to Win an Immigration Appeal
There are many things that you can do to put yourself in the best position to win your case. These include:
1. File Your Appeal Right Away
Generally, you have up to 30 days to submit your paperwork. The window to appeal opens on the date you receive your unfavorable decision. If you wait too long, you lose the opportunity to ask USCIS to review an initial decision made against you.
An immigration lawyer can take a look at your case and help you file your case without delay. They can gather documents to support your case. When they submit your appeal, they will make sure your argument makes it clear to USCIS why the original decision against you should be reversed.
Of course, as your case is being actively reviewed by USCIS, your attorney will keep you up to date. They are available to answer any legal questions you have as you move forward with the appeal process. Your lawyer will notify you if USCIS has any concerns or questions regarding your appeal, too.
2. Focus on the Reasons Why Your Request Was Rejected
Your denial notice includes information about why a judge did not grant your request. Consider this information carefully when you prepare evidence for your appeal. By doing so, you can show USCIS that the reasons for denying your request were invalid.
For instance, a judge may cite an “adverse credibility finding” as a reason for not ruling in favor of your request. In this instance, the judge does not believe the information you initially provided was accurate or valid. On the other hand, you can provide USCIS with evidence to confirm that everything you originally said was true.
Your immigration lawyer can help you collect evidence to explain to USCIS why your request should have been approved. They will review the reasons for your denial and help you plan accordingly. That way, the appeal you submit may compel USCIS to rule in your favor.
3. Protect Against Mistakes
There can be times when an immigration request gets denied due to a mistake on your end. For example, if you made a mistake on an application, USCIS may deny your request based on this error. Fortunately, you may be able to appeal to correct this mistake and get your request approved.
To protect against mistakes, it pays to have a legal team with immigration law experience at your side. You can hire an immigration law firm that makes it easy to connect with an attorney. The firm will use the resources at its disposal to make sure your appeal is submitted promptly and free of any errors.
The best immigration lawyer will review the materials for your appeal multiple times before submitting it to USCIS. On top of that, they will ensure that you sign off on all of the materials included with your appeal. As a result, you and your attorney can work together to prepare an appeal that hits the mark with USCIS.
4. Hire an Immigration Lawyer Who Is Committed to Your Success
Do not leave anything to chance with your appeal. Instead, hire an attorney who knows the ins and outs of immigration law. This increases your chances of submitting an appeal that helps you achieve your desired result.
An immigration lawyer avoids shortcuts during the legal process. They learn as much as they can about your case and consider all available options to get your initial decision reversed. Next, they prepare an appeal that provides USCIS with the information it needs to understand why it should reconsider your request.
Your attorney is your legal advocate. They represent your best interests and make sure that your legal rights are protected throughout the legal process. If you have any legal concerns or questions, your attorney is ready to help you in any way possible.
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It Can Take Several Months to Find Out if Your Appeal Is Successful
Following an initial field review, you will find out within 180 days if USCIS is reversing its decision. In some instances, USCIS requires more than 180 days. For example, if USCIS needs additional information, it may need extra time to get this information and review it before it renders its decision.
Ultimately, submitting an appeal is worthwhile, regardless of how long it takes for USCIS to respond to it. In the best-case scenario, your original decision will be reversed. This allows you to get the immigration benefits that you requested.
If you are considering filing an appeal, seek out help from a lawyer with immigration case experience. The attorney can determine your eligibility for doing so. They can go over the process of requesting a review of your initial decision as well.
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Get Help with Your Immigration Appeal
Barrios Virgüez Attorneys can help you with your immigration appeal. To get started, please contact us today.