An Immigration Appeals Attorney in Eaton, New Jersey
If you’ve been denied immigration benefits and facing deportation in New Jersey, you may be able to file an appeal. But the immigration appeals process can be complicated and frustrating. That’s why it’s essential to have an experienced New Jersey immigration lawyer on your side.
Our law firm has a deep understanding of New Jersey immigration law, family immigration, the appeals process, and immigration review. We know how to navigate the complex bureaucracy and fight for your desired outcome. So if you’re facing an immigration appeal in New Jersey, we can help.
For a free consultation, please call our law office today. We’ll be happy to answer your questions, give you legal advice and help you understand your options.
Why do I need an Immigration Appeals Lawyer in New Jersey?
There are a few qualities that make a great immigration appeals lawyer. They should be knowledgeable about immigration law and have experience dealing with the specific type of appeal you are going through with the immigration court.
They should also be able to clearly explain the process of immigration appeal and immigration review to you and help you understand what to expect in dealing with deportation issues while appealing. Finally, they should be compassionate and understanding, as appeals can be very stressful and emotional.
At our law firm, we pride ourselves on offering all these qualities to our clients. Our immigration and family law lawyers are knowledgeable and experienced. They will take the time to explain the process of immigration appeal and immigration review to you so that you feel comfortable and confident going into your appeal.
We understand how stressful this process can be, and we will do everything we can to support you and get you the best possible outcome. If you are considering appealing your immigration case, please contact our law firm today for a consultation. We would be happy to answer any of your questions and help you start moving forward with your case.
What are Immigration Appeals?
An immigration appeal is a process whereby you can ask the Board of Immigration Appeals (B.I.A.) to review your case if
- An immigration judge has issued you a removal order
- You’ve been found ineligible for asylum or other forms of relief from removal proceedings
An immigration appeals lawyer can help you determine if you have grounds for an appeal and assist you in preparing your case. The B.I.A. is the highest administrative body for immigration matters in the United States.
If the B.I.A. finds that the immigration judge made a mistake, it can reverse the decision or send the case back to the immigration judge for further proceedings. The B.I.A. can also affirm the immigration judge’s decision, at which point you may be able to file a petition for review with a federal court of appeals.
New Jersey is home to many experienced New Jersey immigration attorneys who can help you navigate this complex process.
Where can you appeal an immigration judge’s decision?
If you have been through immigration proceedings in New Jersey, you may be wondering where you can go to appeal a decision. The first step is to consult with an immigration attorney. They will be able to advise you on the best course of action and help you prepare your appeal.
The next step is to file your appeal with the Board of Immigration Appeals (B.I.A.). This is done by submitting a written brief outlining the reasons for your request. There may also be an opportunity to submit additional supporting documentation. The B.I.A. will then review your case and make a decision.
In some rare circumstances, there may be a hearing held in person. However, most appeals are conducted entirely through written submissions. Keep in mind that the goal of an appeal is to deny you one more time to present your case in full.
Instead, it is to determine whether the immigration judge made any errors in their decision-making process. If you believe that your rights have been violated or that the judge did not consider all the evidence, an appeal may be the best option.
Filing an Appeal with the Board of Immigration Appeal, including all of the paperwork and associated costs
If you’ve been ordered deported by an immigration judge, you have the right to appeal that decision with petitions. The first step is to file Form EOIR-26, Notice of Appeal from an Immigration Judge’s Decision. You can submit related documents with this form, but it’s also a good idea to submit a brief introduction outlining your petition argument and supporting laws. Without a brief, the Board of Immigration Appeals (B.I.A.) may side with the immigration judge rather than take a closer look at your case.
Most appeals require a fee, which is currently $110 (this may change in late 2021). You can pay electronically through the EOIR’s Payment Portal or send a check or money order to the “United States Department of Justice,” making sure to include the principal applicant’s full name and alien registration number (“A number”).
If you can’t pay the fee, you can request a fee waiver by submitting Form EOIR-26A. You’ll also need to provide a notice of entry of appearance, Form EOIR-27, which your immigration appeals lawyer will submit on your behalf.
And before you file the petition to appeal, you must serve a copy to the Assistant Chief Counsel of U.S. Immigration and Customs Enforcement and confirmation on EOIR Form-26.
For help filing an appeal or crafting a compelling argument, consider working with an immigration appeals lawyer in New Jersey. An immigration lawyer can increase your chances of success with experience handling these cases and getting a visa.
When should you file an appeal?
Appealing an immigration ruling can be a complex and daunting process, but it is essential to remember that you have a limited time frame in which to do so. In most cases, you must appeal within 30 days of the judge’s order. If they mailed the order to you, you must appeal within 30 days of receiving it. It is important to note that Saturdays, Sundays, and holidays count toward your 30-day deadline. The deadline is extended if the 30th day falls on a weekend or federal holiday.
Appealing an immigration ruling can be a complex process, so it is essential to seek out the help of an experienced immigration appeals lawyer.
What Happens When the Board of Immigration Appeal Receives Your Notice of the Appeal?
After you submit your immigration appeal to the B.I.A., they will send you a receipt notice confirming that they have received it. If you do not receive a notice within two weeks, you should contact the B.I.A. to verify that they have received your appeal.
Once your appeal is received, you must set a briefing schedule with the B.I.A. If you indicated that you would submit a brief, you would have 30 days to submit your opening brief. The opposing counsel will then have 30 days to respond. This deadline can be extended to 90 days if necessary.
After reviewing both parties’ submissions, the B.I.A. will decide on your appeal, which can take months or even years. During this time, it is essential to have an experienced immigration appeals lawyer on your side to ensure your rights are protected throughout the process.
Stay in New Jersey While Appealing
If you have been ordered deported by an immigration judge, you can still wait for a decision from the Board of Immigration Appeals (B.I.A.). Standard removal appeals allow you to remain in New Jersey while your case is being decided.
In other cases, such as motions to reopen, the person must request a stay from the immigration judge. If you leave New Jersey before the B.I.A. has made a decision, your appeal will be canceled.
It is essential to consult with an immigration appeals lawyer to determine whether or not you are eligible for a stay and what the best course of action is for your particular case.
Now is the time to contact our Best New Jersey Immigration Appeals Attorney!
Suppose you or a loved one faces immigration consequences due to a criminal conviction. In that case, you need an immigration appeals lawyer who is familiar with the process and has a successful track record.
Our immigration appeals, family law, or family immigration lawyer has many years of experience and has helped many clients in New Jersey navigate the immigration appeals process. Contact our law office today for a free consultation. We will review your case and explain your options. You do not have to face this alone. Let us help you protect your rights.