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Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

Receiving a denial on your immigration case can be frustrating and disheartening, but it is not always the end of the road. In many cases, you may have the right to file an appeal and challenge the decision. However, knowing when and how to file an appeal is crucial to increasing your chances of a successful outcome.

At Kasturi Law, our Illinois immigration and naturalization attorney provides strategic legal guidance to help clients effectively navigate the appeals process.

immmigration law theme and hand cuffs , lawyer gavel on the table

When Can You File an Immigration Appeal?

Not all immigration denials can be appealed, but many can.

Generally, you may be eligible to file an appeal if:

  • Your green card, visa, or naturalization application was denied by U.S. Citizenship and Immigration Services (USCIS).
  • An immigration judge denied your asylum application.
  • You were ordered to be removed or deported from the U.S.
  • Your waiver request was denied, preventing you from continuing the immigration process.
  • Your I-130 (family-based petition) or I-140 (employment-based petition) was denied.

The type of appeal you file depends on the agency that issued the denial. Some appeals go to the Administrative Appeals Office (AAO), while others are reviewed by the Board of Immigration Appeals (BIA) or the federal courts.

How to File an Immigration Appeal

The appeals process involves strict deadlines and detailed legal procedures.

Here are the key steps involved:

  • Step 1: Determine Whether You Are Eligible for an Appeal

When you receive a denial, the notice typically includes information about your appeal right. It will specify the agency reviewing your case and provide a deadline for filing your appeal. Reviewing this information carefully is essential.

  • Step 2: File the Notice of Appeal

To begin the appeal process, you must submit a Notice of Appeal using the correct form. The most common forms include:

  • Form I-290B (Notice of Appeal or Motion) for USCIS denials.
  • Form EOIR-26 for appeals to the Board of Immigration Appeals.

This form must be completed accurately and filed before the deadline, usually 30 days from the decision date.

  • Step 3: Submit a Legal Brief or Supporting Evidence

After filing your appeal, you may be required to submit a legal brief explaining why the original decision was incorrect. This may involve gathering additional evidence, legal arguments, and case law to support your claim.

  • Step 4: Wait for a Decision

The appeal process can take several months, depending on the complexity of the case and the reviewing agency’s backlog. During this time, it is crucial to stay informed and be prepared to respond to any additional requests for information.

Why Work with an Immigration Attorney?

Filing an immigration appeal is a complex process that requires legal expertise and strategic planning.

Our experienced immigration attorney can:

  • Review the reason for your denial and determine the best course of action.
  • Gather strong evidence and prepare compelling legal arguments.
  • Ensure all forms and filings meet USCIS and immigration court deadlines.
  • Represent you in hearings or administrative proceedings if required.

Get Experienced Guidance on Your Immigration Appeal

If your immigration case has been denied, don’t lose hope. Kasturi Law, LLC, provides the legal support you need to file a strong and timely appeal. Our Illinois immigration attorney will guide you through every step, ensuring you have the best chance of success.

Contact our immigration law firm in Illinois today to schedule a consultation during an in-person, phone, or Zoom session. You can even schedule a consultation directly using our online calendar, choosing between 30-minute or 60-minute timeframes to discuss your appeal options and take the next step toward achieving your immigration goals.

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