Results Of An Appeal
If you were ordered to attend an immigration hearing, which resulted in being handed a deportation order or you sought to appeal the USCIS’ decision to deny you a family sponsored green card, it’s likely that you’re currently in the process of appealing your deportation order. If this is the case and you’re about to submit your appeal to the Board of Immigration Appeals or you’re waiting to hear back from the BIA, you may be curious about the four possible decisions which may eventuate. If so, simply continue reading to learn about each of the four different outcomes that may eventuate after you’ve submitted an appeal to the Board of Immigration Appeals.
So, what are the 4 possible decisions that can be issued after an appeal?
Your Appeal Is Rejected
If the BIA agent or agents who are tasked with processing your appeal decide that you don’t have sufficient grounds for your deportation order to be reversed, your appeal will be rejected. If you are notified that your appeal has been unsuccessful you may want to talk to an immigration attorney about taking matters one step further and appealing your deportation notice to the Federal Circuit. Which is the next step in the appeals process. Do keep in mind that you have exactly 30 days since you receive your verdict from the BIA in order for the Federal Circuit to receive your appeal request. So it’s in your best interests to prepare your appeal for the Federal Circuit within a couple of days of receiving your rejection notice from the Board of Immigratin Appeals. In order to avoid disappointment.
Your Deportation Order May Be Reversed
The best possible outcome of appealing to the Board of Immigration Appeals is having your deportation order reversed. If the BIA decides to reverse your deportation order, you will be able to continue residing in the United States and you will no longer have to worry about being deported on the date which is listed on your deportation order. You are most likely to receive this verdict if the agent or agents who process your BIA appeal find that the judge had no legal basis to serve you with a deportation order in the first place.
If you want to greatly increase your chances of having your deportation reversed, it’s important to carefully select and hire an immigration attorney, who will be able to guide you through the process of putting a strong appeal together. As the sooner that your deportation order is reversed, the quicker that you’ll be able to enjoy your life in the United States again, without having to fear the looming threat of deportation.
How can an immigrant attorney help your case? Firstly, they’ll be able to cite specific laws that your immigration judge may have failed to take into account when they issued a ruling on your case. Secondly, they’ll be able to identify if your immigration judge interpreted any key facts in your case incorrectly. As if the judge who presided over your case clearly misinterpreted important facts, you’ll have strong grounds to have your deportation order reversed.
The BIA Orders A Remand
In certain situations the BIA may order a remand of your immigration case. During which your case will be reopened and will be handed to an immigration judge for further deliberation. For example, if the BIA has obtained new evidence that they believe is critical to your case, they may choose to order a remand.
Do keep in mind however, that as a defendant making an appeal, you can’t supply the Board of Immigration Appeals with additional evidence to the evidence that was provided during your primary hearing and your merits hearing. If you try to supply the Board of Immigration Appeals with brand new evidence, this evidence is likely to be struck from your case. Instead, your case will only go through a remand, if the BIA themselves choose to investigate your case further and find key evidence which they believe warrants your case being remanded back to an immigration judge.
It is however worth mentioning that if 30 days have not passed since your immigration judge handed you a deportation order, you can choose to file a motion to reopen your immigration case. Reopening your immigration case will allow you to present brand new facts and evidence to your immigration judge, which could reverse their decision to order your deportation. You can even call new witnesses to the stand to provide valuable evidence, if your motion to reopen your case is quickly approved.
If a remand is ordered on your immigration case, you may be expected to attend further immigration hearings. If this happens, make sure to arrange to have an immigration attorney attend your new immigration hearings with you, so that they’ll be able to represent your best interests in court.
The Appeal For A Green Card Is Either Approved Or Denied
If you did not appeal to the Board of Immigration Appeals to prevent a court mandated deportation and instead appealed to the BIA in order to appeal a denied petition to join your immediate family members in the United States, there will only be two possible outcomes. If you are lucky the Board of Immigration may approve your appeal and the USCIS will be ordered to transfer your green card application to your nearest overseas US embassy or consulate.
However, do keep in mind that there is a chance that the Board of Immgiration Appeals will choose to uphold the decision made by the USCIS if they believe that the USCIS was within their legal guidelines in order to deny your appeal. For example, if you have committed an aggravated felony, it’s likely that the Board of Immigration Appeals will uphold the USCIS’ decision on your petition.
So if you choose to hire an immigration attorney in order to appeal a decision that has been made by either the USCIS or a BIA.