If your case is denied, Philip Levin & Associates will assist you with the necessary research to determine whether an appeal will be successful. You can appeal the denial of many petitions and applications for immigration benefits. An appeal is generally filed to ask a higher authority to review the lower office’s decision. There are strict deadlines and legal requirements that must be met when filing an appeal. Ensuring your appeal is timely and properly filed with the appropriate office is part of Philip Levin & Associates’ job. We will work hard and efficiently to ensure that the best researched arguments with the greatest chances of success are made on your behalf. Below is a brief summary of common types of appeals we handle:
Appeals to the Administrative Appeals Office (AAO)
Generally, appeals of denials of immigration petitions are made to the Administrative Appeals Office (AAO). The AAO is responsible for the appeals of more than 40 categories of immigration petitions and applications. However, certain decisions are appealed to the Board of Immigration Appeals (BIA).
Appeals and Motions to the Board of Immigration Appeals (BIA)
Final orders of removal or deportation by an Immigration Judge may be appealed to the Board of Immigration Appeals (BIA). The BIA is the government agency responsible for reviewing decisions by Immigration Judges and interpreting immigration laws. Under certain circumstances, you may ask the
Immigration Judge or BIA to review the case again. A Motion to Reopen or Reconsider is filed with the court that last heard the case.
Motions to Reopen or Reconsider
In addition to the right to appeal (in which you ask a higher authority to review an unfavorable decision), you may file a Motion to Reopen or a Motion to Reconsider with the office that made the unfavorable decision. Which motion to file and whether to do so is generally guided by regulation and case law. Our lawyers will assist you in determining whether you have new evidence that must be submitted or if the CIS decision was not properly based in law.
Petitions for Review
BIA decisions are often the final administrative action in a given case. The next stage of appeal after a BIA decision regarding removal or deportation is in the U.S. Court of Appeals. Our attorneys have the experience to guide you through the channels of Federal Court and in filing a well-prepared Petition for Review.
Federal District Court
Filing a Mandamus Action — Mandamus can be used to compel administrative agencies to act and is used to request adjudication of a delayed immigration petition or application, such as an application for naturalization or adjustment of status.
Motions for Summary Judgment
Filing a motion for summary judgment can be used to persuade the court that the undisputed material facts require judgment to be entered in your favor. This strategy is often used to contest the denial of an employment-based or non-immigrant visa petition.