Immigration Appeals

If you receive an unfavorable decision from an immigration judge, you may want to consider appealing the decision. Below is general information to introduce you to some of the options that may be available to you: appeals to the Board of Immigration Appeals, Motions to Reopen, and Motions to Reconsider. You should keep in mind that any type of appeal will likely have a deadline associated with it. Therefore, if you plan to appeal you should keep these deadlines in mind.
 

If the immigration judge rules against you…

you may be able to file an appeal to the Board of Immigration Appeals (BIA).

If the decision from the immigration judge is not in your favor, you may be able to file an appeal to the Board of Immigration Appeals (BIA). Keep in mind that appeals are technical legal proceedings and most people will benefit from the assistance of an immigration lawyer. Learn more about BIA appeals.
 

If new information is available or a new form of relief from deportation becomes available…

it may be possible to file a motion to reopen.

A motion to reopen is typically used to ask the immigration judge or BIA to reevaluate a decision because new information is available. Keep in mind that new information generally does not include information that was available before the initial decision. If you fail to present evidence during your hearing, you generally cannot use a motion to reopen to have a second chance to present that evidence. Instead, a motion to reopen is used to present information that was not previously available. For example, if your situation has changed and you now qualify for a new form of relief, you may be able to use a motion to reopen to have the judge consider granting you the new form of relief. Learn more about motions to reopen.
 

If you want to correct an error of law or have the facts reexamined in your case…

a motion to reconsider may be an option for your immigration case.

In some situations you may be able to file a motion to reconsider to try to correct an error of law or to get the fact reexamined in your case. Learn more about motions to reconsider.
 

Immigration Appeals Frequently Asked Questions

“Do I need a Virginia immigration lawyer for immigration appeal?”
“How much will it cost to file an appeal to the Board of Immigration Appeals?”
“How long will it take to get a decision on my appeal to the Board of Immigration Appeals?”
“What happens if I get married to a United States citizen while I’m waiting for the decision on my appeal?”
 

Recent Immigration Appeals Articles

 

Can I appeal if the immigration judge denies my asylum application?

Depending on your situation, if your asylum is denied then an appeal to the Board of Immigration Appeals may be an option. Appeals to the Board of Immigration Appeals (BIA) Asylum appeals to the BIA begin with the filing of an EOIR-26 Notice of Appeal from a Decision of an Immigration Judge. The Notice of [...]

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