Denver Immigration Appeal Attorneys Helping You Fight For Another Chance
If you received a denial of your petition from the United States Citizenship and Immigration Services (USCIS), do not feel hopeless. You may still have the chance to file an appeal. Through an appeal, you get to take your case to a higher authority for a second chance regarding your visa, citizenship and naturalization, or removal.
Our immigration attorneys at Hernandez & Associates, P.C., can stand up for you during the appeal process. With decades of experience between us, we represent immigrants from around the world who hope to find a permanent home in Colorado.
Why An Immigration Appeal Can Be A Second Chance
An immigration appeal allows a higher authority to review a decision and determine whether errors affected the outcome. In many situations, the issue is not that a person was ineligible. Instead, important evidence may have been overlooked, legal standards may have been applied incorrectly or procedural mistakes may have occurred.
Hernandez & Associates, P.C., helps clients throughout Colorado and across the country protect their rights and pursue every available option after a denial. Our immigration appeals attorneys give every case careful attention, reviewing the record in detail to identify issues that may support an appeal and help keep families together whenever possible.
What To Expect During The Appeals Process
Appeal timelines vary depending on where the case is being reviewed. While every case is different, the following timeframes are common:
- Administrative Appeals Office (AAO): Approximately 6 to 12 months.
- Board of Immigration Appeals (BIA): Approximately 6 to 18 months.
- Federal court appeals: Often one to two years or longer.
Once an appeal is submitted, several important steps usually follow, including:
- Receipt notices confirming the appeal was accepted.
- Review of the existing record and supporting evidence.
- Submission of legal briefs explaining why the decision should be reversed.
- Additional requests for information when necessary.
- Oral argument in limited cases.
Because immigration appeals are governed by strict procedural rules, our attorneys work diligently to protect our clients’ rights at every stage of the process and pursue every available opportunity to keep families together.
Common Reasons Appeals Are Denied
Many appeals involve issues such as denied evidence, legal errors, missed deadlines, procedural violations or findings that are not supported by the record. Many appeals must be filed within a short period after the decision is issued, and waiting too long can eliminate valuable options for review.
Our team carefully examines what occurred and develops a strategy tailored to the facts of the case rather than relying on a one-size-fits-all approach.
Appeal, Motion To Reopen Or Motion To Reconsider?
Not every unfavorable decision requires an appeal. An appeal asks a higher authority to review the decision, while a motion to reopen presents new evidence that was not previously available. A motion to reconsider argues that the original decision incorrectly applied the law. Determining which option is appropriate often requires a detailed review of the record with the help of an experienced immigration team.
What Do I Do Now?
Let’s say that you filed your petition, attended a hearing if necessary and received a denial. You can file an appeal if your case involved:
- Excluded evidence
- Breach of procedure
- Witness barred from testifying
- Judge’s error
- Violation of your rights
You now have two options: To file an appeal with the Administrative Appeals Office (AAO), which handles visas and citizenship, or with the Board of Immigration Appeals (BIA), which handles asylum and removals. If the AAO or the BIA still deny your appeal, you have one final option – a federal immigration court. You have only 30 days from the date of receiving your initial decision.
The Importance Of An Immigration Attorney
It is critical to have a Colorado immigration lawyer who understands the appeals process. The steps are immensely complicated, and one mistake in the paperwork could jeopardize your appeal completely. Your attorney will give you a much stronger chance of a successful appeal than if you handled it on your own. Our immigration law team has handled thousands of immigration petitions and appeals, giving us the trustworthy experience and reliable results that you need.
Do Not Wait – Contact Us Today For A Free Consultation
Hernandez & Associates, P.C., can stand up for your rights at every stage of your appeal, even at the federal level. We give free consultations; schedule yours by calling us at 303-536-5134 or by sending us an email.