How to appeal a decision to the Immigration Appeals Board 2023-2024 | Application & Requirements

We are pleased to inform you about How to appeal a decision to the Immigration Appeals Board 2023-2024 | Application & Requirements

The Board of Immigration Appeals is the leading administrative agency that interprets and applies immigration laws. This is one of the U.S. Department of Justice.

Decisions by immigration judges and, in most situations, Department of Homeland Security (DHS) officers are subject to appeal to the BIA.

Decisions taken or created by the U.S. Citizenship and Immigration Services (USCIS), which should ordinarily be appealed to the Administrative Appeals Office, are not subject to its hearings.

The BIA is situated in Falls Church, Virginia, inside or within the metropolitan Washington, D.C. region. But complainants do not have to be there in person.

How to file an appeal with the Board of Immigration Appeals

The Board of Immigration Appeals listens to appeals from decisions by immigration judges. This contrasts with determinations made or created by officers from U.S. Citizenship and Immigration Services (USCIS), which should be typically appealed to the Administrative Appeals Office (AAO).

Matters that could be appealed to The Board of Immigration Appeals include, among others:

  1. Final removal orders,
  2. Renunciation of asylum, and
  3. Withholding of elimination or removal cases.

The appeal should be demanded within 30 calendar days of the date or the day of the immigration judge’s decision.

How to appeal an immigration judge’s decision

Throughout the immigration court process, the immigration judge will give or render a decision. Both the government and the immigrant have every right to appeal it.

If the judge renders or gives an unpleasant decision at the hearing or listening, the judge will ask if the immigrant desires to appeal the ruling. If the immigrant does not wish to appeal, the government can start the deportation process instantly (when it is in a case removal case).

If the immigrant reasons they would wish to appeal, the immigrant should tell the judge they desire to appeal. Or the immigrant can quickly tell the judge that they desire to reserve the right to appeal.

How long an immigration appeal can take

Appeals to the Board of Immigration Appeals typically take six months to a year. But then again, they can take longer if the case is particularly compound or the Board has several undecided appeals.

How much it may cost to appeal an immigration decision

The present BIA filing fee for some immigration appeals is $110.

However, there is no fee for a bond or an appealable asylum appeal.

All Notices of Appeal should go together with either:

1. A valid check or cash order for the particular amount of the filing fee, or

2. A fee waiver demand or request (like discussed below).

The checks and money orders should be drawn from a U.S. financial institution and be created or made out to the U.S. Department of Justice. The check must clear for the filing to be accepted. Thus, a money order is safer.

Note that the filing fee does not involve the lawyers’ service.

What if an individual needs more money for the filing fee?

An immigrant with insufficient money for the fee can send a BIA Appeal Fee Waiver Request (Form EOIR-26A) with the Notice of Appeal.

Fee waivers are not approved or granted automatically. The applicant must give proof of economic hardship or incapacity. The applicant will be asked to reveal their monthly income and expenditures on that form.

These are illustrations made under the discomfort of falsehood. Lying on a fee waiver application can lead to criminal prosecution.

What do I need to file an appeal?

If a lawyer did not represent the immigrant through the initial immigration case, they (the judge) would give the immigrant an informational lead or guide which contains forms for filing an appeal.

The immigrant must get a business card or mailing address from the Department of Homeland Security lawyer. The immigrant should have this address to serve the DHS with the Notice of Appeal and other documents.

If you hire a lawyer to take care of your appeal, your lawyer can assist in serving these papers for you. Remember that the BIA should receive the Notice of Appeal within 30 days, so you must contact a lawyer on time.

Board of Immigration Appeals address in Virginia, US

Board of Immigration Appeals address in Virginia, US is 5019 Leesburg Pike, Falls Church, VA 22041.

Note: If you have questions or corrections regarding this post, kindly use the comment box below.


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