Navigating the U.S. immigration system can be complicated. Even with the most thorough preparation, applications may be delayed, denied, or mishandled due to errors or unforeseen circumstances. When this happens, it’s important to know that you have options. Litigation and appeals provide immigrants the opportunity to challenge unjust decisions and pursue the justice they deserve. At Rodriguez-Martin Immigration Law Offices, we specialize in advocating for clients whose cases need extra attention, offering legal solutions tailored to their needs.
When Are Litigation or Appeals Necessary?
Litigation or appeals often become necessary when a government agency, such as USCIS or ICE, takes an adverse action against an immigrant or delays action on their case. Some common scenarios include:
- Unfair Denials: A green card, visa, or naturalization application may be denied based on errors in the interpretation of the law or insufficient evidence.
- Delayed Decisions: USCIS is required to adjudicate cases within a reasonable time frame. If your application has been pending for months or years with no progress, litigation may compel the agency to act.
- Deportation or Removal Orders: Immigrants who have received a removal order can appeal the decision to the Board of Immigration Appeals (BIA) or a federal court.
Our experienced team can help determine the best course of action based on your unique situation.
The Appeals Process: A Step-by-Step Guide
The appeals process is designed to ensure that your case receives a fair review. Here’s what to expect:
- Filing a Notice of Appeal: This formal document is submitted to the agency or court, informing them that you wish to challenge the decision. It must be filed within strict deadlines, often 30 days from the date of the decision.
- Drafting a Legal Brief: Once the appeal is filed, our attorneys will prepare a detailed argument explaining why the initial decision was incorrect. This may include citing legal precedents or providing additional evidence.
- Review by the Appeals Body: The appeals court or agency, such as the BIA, will examine your case, considering the new arguments and evidence.
- Decision Issued: The reviewing body may uphold, reverse, or remand the case for further consideration.
In some cases, filing a motion to reopen or reconsider may be more appropriate. Motions to reopen introduce new evidence or facts that were not available at the time of the initial decision. Motions to reconsider argue that the decision was based on an incorrect application of the law. Schedule a consultation today to learn more.
Let Us Advocate for You
Immigration policies under the Trump administration created significant hurdles for immigrants, with increased denials and longer delays. However, these obstacles are not insurmountable. With a dedicated legal team by your side, you can navigate these challenges and find a path forward.
No immigrant should face the challenges of litigation and appeals alone. At Rodriguez-Martin Immigration Law Offices, we are passionate about fighting for justice and ensuring that your rights are protected.
Contact us today for a consultation, and let us help you turn setbacks into opportunities.
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