Appeals to Immigration Cases
Our attorneys have extensive experience helping clients appeal immigration cases to the Board of Immigration Appeals (BIA), the 9th Circuit Court of Appeals and USCIS. If the Immigration Court, USCIS or the BIA has denied your case, you must act quickly to assure that you file your appeal on time. In certain circumstances, it may also be possible to file a Motion to Reopen with the BIA or the Immigration Court to get a new hearing and present new evidence that was previously unavailable or not presented. Sometimes, a USCIS denial may also be appealed or a motion to reopen or reconsider may be filed, depending on the application or petition that was denied. If your case has been denied, obtain a full copy of your immigration file right away and contact our office for a review of your case and an analysis of your options.
The government must deny an immigration application in some circumstances because of criminal issues or a person’s immigration history. U.S. immigration law requires that a person be found ineligible — or “inadmissible” — to come to the U.S. or to get a visa or other immigration benefit if he or she commits certain acts. A person can be found “inadmissible” if he or she:
- Has been convicted of a certain crime or engaged in certain acts
- Violated his or her immigration status in certain ways (e.g., been unlawfully present in the U.S. for a certain amount of time and left the U.S.)
- Has been deported or removed
Some grounds of inadmissibility can be waived by the U.S. government if certain conditions are met. Sometimes, an applicant must apply for the waiver outside the country and other times, the waiver can be filed from within the U.S. To waive a ground of inadmissibility, a person typically — but not always — has to prove extreme hardship to family members. Waiver applications are best prepared with full client cooperation and the dedicated attention of an experienced immigration lawyer. Clients should work closely with a skilled immigration lawyer to present evidence to support a legal brief prepared by the attorney. Waiver applications are often difficult to win and require carefully presented evidence and legal arguments. Our office will review your case and provide an honest assessment of a waiver application.
Read here about one of our attorney’s successful appeals regarding a denied waiver application: Immigration blog
I-212s / Bring Family Back After Removal Or Deportation
Some individuals who have been ordered removed or deported from the U.S. can file Form I-212 and request that they be allowed to return to the U.S. despite their prior order of removal or deportation. The I-212 requires the right evidence and should be prepared carefully with legal counsel. Often the I-212 is filed in cases that also require other waivers. It is important to obtain a comprehensive evaluation of one’s immigration case before filing Form I-212 or other waiver applications.
Contact the immigration attorneys of Becker & Lee LLP to learn more.