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Appealing Immigration Case Denials

Experienced Immigration Attorney in Silver Spring Manages Appeals

Knowledgeable and concerned lawyer assists after adverse decisions

Not all cases that go before the U.S. Citizenship and Immigration Service receive a favorable decision. Fortunately, if you have had an application denied or a visa revoked, you may have a right to appeal the decision. At the Law Offices of Tina Sharma, I have almost two decades of experience practicing immigration law. I know the ins and outs of the federal immigration system and am familiar with the law, regulations and operating policies that control USCIS adjudications. I understand what it takes to win reconsideration or reversal of a negative decision.

Taking your case to the Administrative Appeals Office of USCIS

The Administrative Appeals Office of the Department of Homeland Security has the power to review decisions made on certain types of applications to ensure consistency and accuracy in the application of U.S. immigration law and policy. The AAO may hear appeals from denials of:

  • Employment-based immigrant and nonimmigrant visa petitions (Forms I-129 and I-140)
  • Immigrant petitions by alien entrepreneurs (Form I-526)
  • Applications for Temporary Protected Status (Form I-821)
  • Fiancé(e) petitions (Form I-129F)
  • Applications for a waiver of ground of inadmissibility (Form I-601)
  • Applications for permission to reapply for admission after deportation (Form I-212)
  • Certain special immigrant visa petitions (Form I-360)
  • Petitions to bring orphans to the U.S. for adoption (Forms I-600 and I-600A)
  • Applications for T or U visas for human-trafficking victims (Forms I-914 and 1-918) and related adjustment-of-status applications
  • Applications to preserve residence for naturalization purposes (Form N-470)
  • Immigration and Customs Enforcement determinations that a surety bond has been breached

The appeal goes initially to the USCIS office that denied the benefit, which reviews it to determine whether to reconsider the denial. This first step usually takes about 45 days. If the office does not take favorable action, it forwards the appeal to the AAO, which should complete its review within six more months.

Appealing to the Board of Immigration Appeals and to a federal court

The Board of Immigration Appeals in Falls Church, VA has nationwide jurisdiction over a variety of cases, including appeals from:

  • Immigration judges’ orders of removal, also known as deportation
  • Denials of applications for relief from removal
  • Exclusions of aliens applying for admission to the United States
  • Denials of petitions to classify the status of alien relatives for their own immigrant visas
  • Fines imposed upon airlines and other carriers for violating immigration laws
  • Denials of motions for reopening or reconsideration of decisions

The BIA generally conducts paper reviews will hear oral arguments in direct appeals from immigration judges’ decisions. If the BIA issues an adverse ruling, you may file a petition for review with the U.S. Court of Appeals.

If you have received notice of an adverse ruling, the deadline to appeal comes quickly. Filing an appeal sometimes does not delay the consequences of the ruling. It is vital to secure immediate, capable immigration counsel on your appeal.

Contact a determined attorney in Silver Spring, MD for your immigration appeal

An adverse decision on your immigration case can delay or upend your plans for a life in America. Trust the Law Offices of Tina Sharma to review your case thoroughly and to make a compelling case on appeal. For a personalized consultation, call our office at 202-329-6556 or contact us online.

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Silver Spring Office
8403 Colesville Road
Suite 1100
Silver Spring, Maryland 20910
Phone: 202-329-6556
Email us: [email protected]
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