How to win an immigration appeal?

1. Hire an Experienced Immigration Attorney. This cannot be overstated. ...
2. Provide New Evidence. ...
3. Meet All Deadlines. ...
4. Be Thorough and Accurate. ...
5. Maintain Open Communication with Your Attorney.

How do I win an immigration appeal?

What happens if your appeal is successful?

In most situations, if you win your appeal, you case will be "remanded." This means the case will be sent back to the trial court or judge responsible for your conviction and/or sentencing.

What happens if I lose my immigration appeal?

You are allowed to stay in the United States while the appeal is pending. You must have a valid reason for filing an appeal. If you lose in immigration court and do not appeal, or if you do appeal but you lose the appeal, then you could be deported from the country.

What questions does an immigration judge ask?

An immigration judge will ask questions about why you are seeking asylum in the United States and why you believe it would be dangerous for you to return to your home country.

What is the best evidence rule in immigration court?

The general rule with respect to evidence in immigration proceedings is that admissibility is favored, as long as the evidence is shown to be probative of relevant matters and its use is fundamentally fair so as not to deprive the alien of due process of law.

How much does an immigration appeal cost?

To appeal before the Board of Immigration Appeals (BIA), the applicant must file a Notice of Appeal and required fee ($110 as of this writing, see www.usdoj.gov/eoir/appealtypes.htm for updates) with the BIA so that is received within 30 days of the Immigration Judge's (IJ's) decision.

What happens after an appeal is granted?

When an appellate court grants an appeal, it usually identifies specific errors that occurred during the original trial. In most cases, the appellate court will send the case back to the trial court with instructions on how to correct those mistakes. This process is known as “remanding” the case.

What happens if my immigration appeal is denied?

When the Board of Immigration (BIA) denies an immigration appeal, it finalizes the Immigration Judge's decision to have you removed from the country. This means that the government can now legally deport you.

What are the chances of a successful appeal?

The answer depends entirely on the specific circumstances of your case. That being said, the state and federal data show that the overall success rate is between 7% and 20%. In this article, our appellate law attorneys provide an overview of the latest data related to the success rate of appeals.

What are some of the commonly accepted positives to immigration?

The available evidence suggests that immigration leads to more innovation, a better educated workforce, greater occupational specialization, better matching of skills with jobs, and higher overall economic productivity. Immigration also has a net positive effect on combined federal, state, and local budgets.

How many times can I appeal my immigration case?

Appeals from USCIS Decisions

After you receive a decision from the AAO, you typically cannot appeal any higher. Notably, certain affirmative benefits fall under the jurisdiction of the Board of Immigration Appeals (BIA), not the AAO, including Form I-130 denials.

What should you not say in an immigration interview?

“I don't have travel insurance.” “I don't know where I'll be staying.” “I'm not sure about the details of my visa application.” “I've been denied a visa before.”

What do immigration officers look for?

Immigration officers can access several different databases to check personal, criminal, and other details about you before you cross the U.S. border. One of the primary databases they use is one the FBI uses, called the National Crime Information Center (NCIC).

Can I write a letter to an immigration judge?

The letter should be addressed to “Honorable Immigration Judge.” • Introduce yourself, your immigration status, and address. If you are doing so in a professional capacity, letterhead is sufficient and no need to include a personal address.

What happens if you don't win an appeal?

A litigant who loses in a federal court of appeals, or in the highest court of a state, may file a petition for a "writ of certiorari," which is a document asking the Supreme Court to review the case.

How long does it take USCIS to approve an appeal?

Although some cases may take longer, USCIS field offices and service centers try to adjudicate motions within 90 days. The AAO strives to complete its review of motions within 180 days from the time it receives a complete case file.

Can I go to immigration court without a lawyer?

You are not required to have an attorney, you can choose to speak for yourself in immigration court. But there are many reasons you may want an attorney. 1. Immigration law is very complicated.

What is the best way to win an appeal?

Are appeals hard to win?

Either side can appeal in a civil case, while only the defendant may appeal in a criminal case. The government can only appeal the sentence, not the guilty verdict. The odds of decision reversals are particularly low—about one in four in civil cases.

What is the key to a successful appeal?

Focus on building a compelling but accurate narrative

Creating a compelling yet accurate narrative in your appeal brief is essential to understanding how to win an appeal. Your narrative should clearly outline your argument and show why the original decision needs review or reversal.