29 South Webster Street, Suite 370 Naperville,
IL 60540

At Kasturi Law, LLC, our Naperville immigration and nationality law attorney knows the process of appealing immigration decisions and obtaining waivers for inadmissibility issues can vary depending on the specific circumstances of each case.

It is important to note that not all immigration decisions are eligible for appeal or waiver. The eligibility criteria for appeals and waivers can vary depending on factors like the type of immigration benefit sought, the specific grounds of inadmissibility, and other factors.

Before pursuing an appeal or waiver, it is crucial to fully understand the immigration decision that has been made and the reasons for it. This may involve reviewing the decision notice with an immigration attorney who can help you understand why you received it and how to properly appeal it by gathering the necessary documentation to support your case. We can help.

Appealing Immigration Decisions and Obtaining Waivers

How Can an Illinois Immigration Attorney Help Me File an Appeal for a U.S. Immigration Decision?

If your immigration decision is eligible for appeal, the next step is to file a Notice of Appeal with the appropriate appellate body, which may include the Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA), depending on the nature of the decision.

The Notice of Appeal must typically be filed within a specified timeframe after the issuance of the decision. This data is vital to the appeal process, so it is crucial to act quickly.

The following steps include:

  • Preparing the Appeal

The appeal must be supported by legal arguments and relevant evidence demonstrating why the decision should be overturned. This may involve drafting legal briefs, gathering supporting documentation, and presenting persuasive arguments to the appellate body.

  • Attending Hearings

In some cases, the appellate body may schedule a hearing to review the appeal. During the hearing, our skilled Illinois immigration lawyer will stand side-by-side with you, and have the opportunity to present our case orally and respond to any questions from the appellate judges.

  • Obtaining Waivers for Inadmissibility Issues

If the immigration decision is based on grounds of inadmissibility, including criminal convictions, fraud, or unlawful presence, it may be possible to obtain a waiver to overcome these issues. The process for obtaining a waiver can vary depending on the specific grounds of inadmissibility and the type of waiver sought.

  • Submitting Waiver Application

The applicant must typically submit a formal application and supporting documentation demonstrating eligibility to apply for a waiver. This may include evidence of rehabilitation, hardship to qualifying relatives, or other mitigating factors depending on the specific grounds of inadmissibility. We can help you understand the waiver requirements so the application includes the supporting documentation.

  • Review of the Waiver Application

The USCIS or the consular officer will evaluate the application, consider the supporting evidence, and determine whether to grant the waiver.

If a waiver application is denied, the applicant may be able to appeal the decision. The appeals process for waiver denials can vary depending on the specific circumstances.

The appeals process and waiver requirements can be complex, and navigating them successfully often requires the assistance of an experienced immigration attorney.

Contact Our Immigration Attorney Today For Consultation

Contact us today to learn how our Illinois immigration attorney can provide guidance, assist with preparing appeals and waiver applications, and advocate on your behalf throughout the process. We provide in-office, phone, and Zoom consultations to help you understand your legal rights and options so you can make informed decisions about how to appeal your immigration decision.