If you are unsatisfied with your immigration decision, Airington Law can help you make an appeal. Our Richmond firm, led by a diverse team of women attorneys, has built a strong reputation for overturning cases, and a big percentage of our clientele have come to us after firing their initial lawyers.
We take a uniquely open-minded and compassionate approach to our practice, and we will strategize an appeal of your immigration case that meets your goals and interests. We aim to treat all our clients like family, and we will handle your immigration concern with sensitivity and compassion.
Schedule a same-day consultation with Airington Law to discuss your immigration appeal today. Serving clients in Chesterfield County and throughout Virginia. Se habla español.
What Immigration Matters Are Eligible for Appeal?
The Board of Immigration Appeals (BIA) hears appeals of decisions made by immigration judges and certain Department of Homeland Security (DHS) officials, and the Administrative Appeals Office (AAO) hears appeals of decisions made by the US Citizenship and Immigration Services (USCIS). Most immigration appeals are those that involve the BIA.
Types of cases that the BIA can review include:
- removal, deportation, and exclusion orders;
- withholding of removal/deportation;
- exclusion of aliens applying for admission to the US;
- petitions to classify the status of alien relatives for preference immigrant visas;
- motions to reopen and reconsider prior decisions;
- denial of bond or parole;
- DHS decisions concerning family-based immigration petitions and waivers of inadmissibility.
Types of cases that the AAO can review can be:
- direct appeals from persons removed/deported “in absentia”;
- credible fear determinations;
- reasonable fear determinations made by an immigration judge; or
- most visa petitions, including employment-based visa petitions & K-1 fiancé/fiancée petitions.
Airington Law is a boutique criminal defense and immigration law firm committed to providing justice and high quality legal advice to our clients. Our trusted and passionate lawyers will treat your case with the knowledge, time and care it deserves. Contact our team to learn how we can help, we have been serving clients throughout Virginia since 2009.
You have the right to appeal an immigration judge’s decision within a certain time period (usually within 30 days), after which your appeal will not be heard. It is advisable to work with a lawyer to help handle your appeal, as an experienced attorney can file all the proper paperwork and ensure the legal process runs smoothly.
Appeals cases can take months, and appeals heard by the BIA usually take from 6 months to 1 year. To commence an appeal with the BIA, you should fill out a Notice of Appeal. If you are appealing a decision of deportation, you may be able to obtain a stay that halts the deportation action while your appeal is in process. There are several types of stays that may be obtained, depending on your situation:
- Automatic – the BIA will automatically issue a stay when an immigrant appeals a decision on the merits of the case (rather than a procedural technicality)
- Discretionary – must be requested by petition
- Emergency – if you are in physical custody and about to be deported, the BIA can decide the issue immediately with an “emergency” stay request
- Non-emergency – may be supplemented by an emergency stay request if your stay request is still pending while you must report to the DHS for deportation
On the other hand, when you appeal a decision to the AAO, the USCIS office that made the original decision will first review the appeal to determine whether to take favorable action and grant the request. Most AAO appeals will be filed using a Notice of Appeal or Motion (Form I-290B), but the following require different forms:
- Appeals of decisions on an application for naturalization – Request for a Hearing on a Decision in Naturalization Proceedings (Form N‑336)
- Appeals of decisions of special immigrant worker and legalization applications and termination of lawful temporary resident status – Notice of Appeal of Decision (Form I-694)
During the “initial field review” after submitting your request, the USCIS office will either treat the appeal as a motion to reopen (allowing new facts to be examined) or a motion to reconsider (based on an incorrect application of the law) and approve the application or forward the appeal to the AAO to issue a new decision.
Our attorneys at Airington Law are deeply knowledgeable about both immigration law and the appeals process, ensuring that we can take a multilevel approach to your case. We have built a reputation for overturning decisions for many of our clients, so you can trust that we know how to strategize a formidable appeal. We will be sensitive to your needs and situation and assertive in our fight for your appeal.
For compassionate, open-minded legal support to appeal an immigration decision, contact Airington Law today. Se habla español.
“Overall an excellent experience with all the employees . They made everything so simple, kept me updated, and very responsive to my emails. At the time I was living in FL and handled my case without needing me to go their office in VA.”- Rocio R.
“I trust them 100% since day one, they’ve been excellent on every aspect and they focus on every detail of your case. I will always recommend Airington Law team.- Luis M.
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“Hiring Airington Law to represent me was the best decision I made. They are extremely thorough, professional, and guided me every step of the way.”- J. S.
“If you’re looking for representation, this is the office for you. I am ever so grateful for Airington Law. The stress of going through immigration and the difficulties faced I ensure you this team is able to leave you stress free and in good hands.”- Shania M.