Immigration is one of the most significant and populous global issues today. People migrate from one state to another. But it is not as easy a task as it appears to be. There are a lot of complications involved with immigration, which often leads to litigation and appeals. Although, we hope that you would never have to get stuck in the circle of immigration, litigationand appeals. However, it is advisable to keep knowledge of the same in cases of emergency.
There are six types of immigration litigations and appeals in the US.
Appeal before the AAO- The AAO or the Administrative Appeals Office is the authority responsible for hearing appeals related to denials of petitions or applicants by the immigrants. It includes a large sphere of appeals, including Commercial Litigation Appeals, investment-based visas, employment-based visas, adjustment of status applications, petitions from the outsiders to enter the US to perform labour or some training, etc.
The litigation and appeal related to this immigration type require filling up Form I-290B with the USCIS or the AAO. The form should be filed within 30 days of the rendering of the decision.
Appeal before the BIA- The Board of Immigration Appeals (BIA) is the highest level of appeal in terms of immigration law. It is known to hear appeals in matters relating to final decisions in deportation proceedings, denials of immigrant petitions by USCIS, attorney discipline, etc. These kinds of immigration litigation and appeals result in hearings by the immigration judges.
Criminal alien appeals- An immigrant who is convicted of any crime according to US law can be threatened with deportation. In such a case, a representation is to be provided by Immigration Litigation Attorney to the convicted immigrants so that they can be freed of the charges and their removal proceedings can be waived off.
Habeas corpus, mandamus, and APA actions- Such immigration appeals and litigations are brought to the District Court of the respective district of the alien. While Habeas Corpus is used to help detained immigrants, whose detainment period exceeds their punishment, Mandamus is used in cases where the case of the immigrants is stalled within the USCIS. The APA actions on the other hand come under the federal law that can challenge the actions of the immigration agency, which they find to be arbitrary.
Civil Litigation and appeals to the US Circuit Court of Appeals- The US court of appeals comes into play when BIA denies the application of asylum or other such relief of any immigrant. The petition should be filed within 30 days of the judgment and can help undo the decision taken by BIA or any such concerned authority.
Motion to reconsider/reopen- The motion to reconsider is to be filed within 30 days and the Motion to Reopen is to be filed within 90 days of the decision taken against any immigrant. It is filed in cases where the decision was against the immigration law, or the evidence was wrongfully presented in the court causing the wrong decision.
Are you in search of the perfect immigration litigation and appeals lawyer who is capable of solving your immigration-related problems? Looking for a friendly face in the crowd of a foreign country to guide you with your rights and freedoms?
The immigration law offices of Rodriguez Martin come with excellent Immigration Litigation Attorneys who are there to guide you through your journey of the immigration process. Whether you are an individual or a family, we provide you with the solution to all your immigration-related issues.
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