Immigration Appeals Attorney in Hackensack, New Jersey

The United States immigration process can be long, arduous, and confusing. After the stress of the application, being denied a visa or another immigration benefit can be crushing. However, with the assistance of an immigration attorney, you may be able to appeal that decision. 

William Quirk of William J. Quirk, Esq., LLC in Hackensack, New Jersey is dedicated to guiding his clients through the immigration appeals process and fighting for positive outcomes. If you live anywhere in Hackensack or the rest of New Jersey—including Clifton and Paterson—set up a consultation with Attorney Quirk. The firm is also proud to serve clients in West New York and surrounding communities.

Reasons You Need to Appeal 

A skilled attorney will be invaluable in helping you navigate the notoriously intricate procedures of immigration law; however, before you begin, it’s important to understand the basics of the immigration appeals process and the reasons why you may need to appeal. 

Often, you will want to appeal a denial or loss of an immigration benefit. Such benefits may include a visa, a withholding of a removal order, or an immigration petition for a relative. These decisions are made by United States Citizenship and Immigration Services (USCIS); an appeal will take this decision to a higher authority, which will be either the Administrative Appeals Office (AAO), attached to USCIS, or the Board of Immigration Appeals (BIA), attached to the Department of Justice. 

Determining Eligibility to Appeal 

It is important to note that you will generally only be able to appeal within 30 days of receiving an unfavorable immigration decision. An immigration attorney will make sure that your paperwork is filed correctly and on time.  

Depending on the specifics of your case, you will either appeal to the Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA). Your attorney will be able to determine your eligibility for immigration appeals and whether you should appeal to the AAO or the BIA. 

The AAO 

The AAO reviews decisions made by USCIS and does not review cases that have been presided over by an immigration judge. Some decisions the AAO can examine include those dealing with employment-based visas, certain fiancé visas, applications for temporary protected status (TPS), certain adjustment of status applications, petitions that involve children, and applications to return to the United States after deportation.  

The BIA 

If your case goes before the BIA, immigration judges will review the case. The cases handled by the BIA typically include those involving asylum, withholding of removal from the United States, denial of parole, family-based cases that have been previously decided by the Department of Homeland Security (DHS), and fines imposed by the DHS. 

Background of the Appeals Process 

The appeals process ensures that decisions made in error by USCIS and the DHS can be reevaluated. An attorney can advocate for your rights and make intelligent, convincing arguments as to why your unfavorable immigration decision was made in error, and why your case decision should be reconsidered.  

Once your attorney has determined the appropriate authority, they will send that authority a Notice of Appeal. The attorney will file briefs giving evidence aiming to prove that the unfavorable decision was made in error. The authority will review the case and make a final decision.  

You and your attorney can appeal a decision made by the AAO by filing a motion to reopen the case or a motion to reconsider the case. A motion to reopen the case must include new evidence in support of the client. A motion to reconsider must argue that the decision was made in error.  

To appeal a decision by the BIA, you and your attorney can appeal to the appropriate Federal Circuit Court. 

As outlined above, the appeals process can be lengthy and complex. Getting in touch with an experienced immigration attorney can increase your chances of a good outcome. An attorney can make sure that all briefs are filed properly, assemble strong evidence, make intelligent arguments, and support you throughout the entire appeals process.