Appeals And Motions After Immigration Denials
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Welcome to the information hub for U.S. immigration, provided by F4 India Law firm. Here on this web page we are presenting information about that part of US Immigration which is the most saddening, troublesome and you are struggling with. Well the topic is the issue of denial
What should you do if you are facing a denial of an immigration benefit?
Denials feel awful, no one wants to be rejected or denied of a benefit that they're seeking or whether it's a visa, if you're overseas and you're seeking a visa to come to the US and you were denied or you're in the United States and you're trying to adjust your status and you've been denied it doesn't feel good and under this administration of United States the consequences of a denial can be pretty severe.
So, what you should do if you are denied an immigration benefit. Under the Trump administration people are telling us about their visa and petition denial on a fairly regular basis. They've applied for immigration with a thought that it will change their life for better, they have paid filling fees, attorney fees and so many other fees but it just didn’t work out and they don't understand what wrong they did and now they're confused they don't know what to do.
We have seen in our practice that people are confused because they've been denied and they didn't think that they should have been denied. There are many reasons for the denial. Denials have been around in the world of immigration since day one of course. But now, the administration has just generally gotten tougher with respect to how it's approached in immigration. The level of scrutiny that the administration or the Department of Homeland Security is inducting when they're reviewing petitions and applications and that level of scrutiny is leading to folks being denied,
So, we need to be wise we need to be smarter about how we approach petitions and applications and as we prepare packets for submission to the government.
When you get a denial you have to think about what was the reason for the denial what is the basis of the denial and typically the letter will tell you that .It'll tell you the reason why you were denied but after you understand the reason why you're denied you now know what your next steps could potentially be is this, and that is something that you can appeal, because some denials are not appealable you cannot appeal it.
For some people appeals after a denial is a very good option, while for others they may need to consider a different strategy. Now It is very important to enrol an experienced immigration attorney, who will first make you understand the reason for the denial and what could be the consequences of the denial
To better understand the consequences, check some of the examples below:
So, you've got to understand what the consequences of a denial is and what your next step should be whether you can refile or you should appeal or you should pursue some other strategy.
You need to understand any deadlines that are given in the denial letter you've received. For some people, that may be window of opportunity to file a motion to reconsider so that the government may reconsider the decision or you may have a certain period of time by which to appeal a decision and in order to appear an appeal or file a motion to submit a motion to reconsider or even a motion to reopen your case. Now this is technical and the best decision would be to consult an experienced immigration attorney to take a relevant action in the form of appeal on your behalf. You need to understand what your options are whether you can overcome that denial or not and only an attorney is the one who can guide you best. We have seen people who have contacted USCIS in order to get details in regard to their denial and end up with nothing but just confusion.
Process of Appealing your Immigration Case
We would like to tell you the process of appealing your immigration case, if it was denied by the immigration judge. If the case has been denied by the judge you or your attorney, who is representing you at the hearing should reserve an appeal. when you reserve an appeal, you are basically letting the government and the judge know that you do not agree with the decision and that you would like to take the next thirty days to decide whether or not you would like to appeal.
If you make a decision to appeal, the next level of the appellate body will be the Board of Immigration Appeals (BIA)which is located in Virginia to file your appeal with the Board of Immigration Appeals.
You have to file a notice of appeal along with the filing fee, under certain circumstances you can also request a fee waiver that can be waived after you file a notice of appeal. You will get an automatic stay of removal; it means the government immigration Customs Enforcement cannot remove you from the country while the appeal is pending
In addition, after you file your notice of appeal you will get the government to produce the transcript from the hearing. The transcript basically contains the entire record of your immigration case before the judge.
It will start at the master hearing or if you had bond hearings before that, and will go on throughout your immigration individual hearing. The transcript will contain the record from the immigration judges court hearing, so basically you will see all the questions and all the answers that you provide before the immigration judge.
This document is very important because the attorney who is filing your brief for you should study the transcript very carefully. Many times, the reversible decisions are based on the mistake in the transcript that was made by either their government attorney or the judge when making a decision. The government will set a deadline for your brief, usually that is within twenty days after they produce the transcript. The brief is a very important document it's basically you're summarizing and you're arguing every possible legal aspect. The issue that you would like for the board to consider when reversing or vacating or amending the case back to the immigration judge.
We don't actually have too many clients who were denied asylum or any other benefit by the immigration judge but we do get a lot of clients who come to us after the cases were denied when they were represented by other attorneys so our appellate practice is quite extensive.
We have seen some clients who have attempted to do a BIA brief, basically they have themselves tried to argue the mistakes made by the immigration judge. We will strongly warn people against doing such a thing because without the legal knowledge, without knowing how to properly argue the case, without knowing the standard applicable to your case to any immigration matter, you can put your case in trouble.
It is really difficult to prepare a meaningful brief and very often people who are trying to do things prose end up hurting their case more than they are helping it, because if you do not present your issues on a BIA level you will not be allowed to argue it again at a federal level in case your BIA appeal is denied. So if you're interested in appealing your immigration case to the Board of Immigration Appeals you should contact an experienced attorney and make sure that you make the best possible effort arguing your case before the board of immigration appeals, if you have any questions please feel free to contact our F4 India office and we will help you.
Notice of Appeal a Decision of a DHS Officer
We're going to discuss the immigration deportation hearing. Now days it's called an immigration removal hearing the two words mean basically the same, accept that deportation. We keep on updating information about immigration deportation hearing on our Facebook page https://www.facebook.com/f4indiaconsultants/. To know more about our achievements, check our google review page and recommendations by our clients on Facebook page.
We will help you understand the immigration process and what happens when you get to court. When you or someone you know receives a notice to appear at Immigration Court, you may have questions about what it means and what will happen?
Today we will help you answer these questions, including
What immigration court is, and what will happen at the hearing, and why it is so important to attend?
Before we begin, please know that immigration cases are very complex. Even though you are in Immigration Court, you may have options to stay in the United States. If possible, seek the help of a skilled immigration lawyer or a representative accredited by the Immigration Court.
1. What happens in immigration court?
If you have to go to Immigration Court, it means Immigration has placed you in “removal proceedings" or "deportation proceedings." At immigration court, you will see many of the same people you see in other courts. There are judges, lawyers, clerks, security guards, and other people waiting for their cases to be called. The government will explain to the Immigration Judge why it thinks you should be deported. You have the chance to tell the Judge why you think the government is wrong. The Judge then decides whether you must leave the United States. You will likely have more than one hearing before your case is over.
2. How do I know I have to go to Immigration Court?
You need to go to Immigration Court if you receive a "Notice to Appear." The Notice to Appear lists the reasons why the government believes you are deportable from the United States. Sometimes, the Notice also lists the date, place, and time of your hearing. If no date and time are listed on the Notice, then you will receive a second letter with the date, time and place of your hearing.
Each of these papers includes your Alien number, which is an 8- or 9-digit number beginning with the letter "A". This number will appear on any papers you receive from the court; it is how the court keeps track of your case. It is the same number used the Immigration Service.
The Immigration Service is known as United States Citizenship and Immigration Services or USCIS. USCIS handles requests of Non-Citizens to stay in the United States. If you lost your hearing notice or are not sure whether you received one, you can call the Immigration Court hotline at 800-898-7180. This is an automated system with options in English and Spanish. Key in your Alien number at the prompt, and it will list your next hearing date and time. In Illinois, the immigration court is located in Chicago at 525 West Van Buren Street, Suite 500.
It is extremely important to go to court for your hearing. If you do not, the judge can order you deported automatically, and you lose the right to try to stay in the United States.
3. Will I be arrested if I go to Immigration Court?
You will not be arrested at the hearing, and you will be able to return home to your family that day. Most of the time, it takes more than one hearing and at least a few months to complete a case.
4. What information should I have?
Make sure you know the following facts about yourself, in case the judge asks:
- Date and place of your birth - Country of your citizenship or nationality - Date and place of entries into and exits from the United States, and whether you had a visa at the time - Your criminal history, including arrests, charges, and outcomes (for example, probation or jail time)
- Your prior interactions with immigration officials
- Whether your family members (spouse, children, parents or siblings) have green cards or are U.S. citizens. It is okay to write this information down and bring the paper to court with you to help you remember. This information is very important because it may let the judge know whether you are eligible to stay in the United States.
5. What should I bring to court?
You should bring the Notice to Appear, and the notice listing the date and time of your hearing. Do not bring weapons, drugs, food or drinks with you. You will not be allowed to take these into court. You will pass through a metal detector upon entering the court. If you bring a cell phone, make sure you turn it off before going into court. On the day of your hearing, arrive early - there will be traffic; parking may be difficult; and you will have to pass through security.
6. How does the judge know that I came for my hearing?
After you go through security, you must sign in. There will be lists of names hanging on a wall. Each judge has a different list of names, which are the cases the judge will hear that day. Underneath each judge's list, there are two sign-in sheets - one is for lawyers, one is for people there without lawyers. If you do not have a lawyer with you, sign your name on the sheet for those without lawyers.
Make sure you sign on the sheet for the judge who will be hearing your case. If you do not sign the correct sheet, the judge will not know that you are there. If you need help or cannot find your name on the list, you can ask for help from the clerk sitting at the reception window. After you sign in, sit in the waiting area.
There will be other people waiting for their hearings as well. Wait until the judge's clerk calls your name before you enter the courtroom. First, the clerk will call the lawyers. Then, the clerk will call the names of the people there without lawyers. Be prepared to wait. Once the clerk calls your name, you can follow him or her into the courtroom.
7. Can I get an interpreter?
There is usually a Spanish-language interpreter in the courtroom. If you need an interpreter in a language other than Spanish, tell the judge; the court will provide one at your next hearing. For your first hearing, you can bring someone with you to help. Make sure that anyone who comes with you has lawful status in the United States.
8. What happens after the clerk calls my name and I go into the courtroom?
If this is your first hearing and you would like time to find a lawyer, you may ask the judge for time to do so. The judge will also give you a list of legal aid organizations that may be able to help you. If you are not asking for time to find a lawyer, you will be representing yourself. The judge will then:
If the judge thinks that you might be eligible to stay in the United States, he or she may set deadlines for you to submit an application and get your fingerprints taken. If so, the government attorney will tell you how to pay the fees for the application and how to apply for fingerprints. Finally, the judge will tell you when to return to court. You will get a written notice telling you the date and time of your next hearing.
Listen to the judge to see whether he or she wants you to do anything before the hearing or bring anything to your next hearing. Be sure to do what the judge asks.
If you said you would look for a lawyer, you must try to find a lawyer to help you before the next court date.
9. What else should I know?
Each time the judge gives you a new hearing date, you must attend. If you do not, the judge can order you deported in your absence, and you will lose your right to apply to stay here. Sometimes, the court will need to change the date of your hearing. If so, it will mail you a new hearing notice with the new date and time. Therefore, it is very important that the court has your current address and telephone number. If your address or telephone number changes, you must tell the court within five days. You can ask the clerk in the courtroom or at the reception window to give you a change of address form.
10. What if I cannot come to a court hearing?
If you cannot come to your hearing, it is very important that you change it beforehand. You can do this by filing a "motion to continue," which asks the court to move a hearing date. Try to find a lawyer or legal aid organization to help you. You must have a good reason to request a change. The judge will grant or deny your request. If it is less than two weeks from your hearing date, it is usually too late to file a motion to continue. But if you do not go to your hearing and do not file a motion to continue, it is likely the judge will order you deported.
11. Where can I find more information or talk with a lawyer about going to court?
For more information on removal hearings at immigration court, call (+91-6283507748) or email us at email@example.com
What Happens If My Naturalization Case Is Denied?
Sometimes naturalization cases don't go well perhaps the interview didn't go well or you didn't give them all the required evidence that they needed or you failed your test or some other reason that there's a fundamental problem with your case.
If you want to find out the reasons or situations where you failed your test then you can file an appeal. Appeal can be filed if you think that,
you can file an appeal and you'll get a written decision in the mail that explains why your naturalization case was denied there will be a date on that N-400 denial and you will have thirty days from the date of denial to file your appeal, now you do get some extra time if the decision is on the merit and mailed to you. You get an extra three days but you should make your moves fast here I would say that you must file that in N-336 as soon as possible after that decision, if you wait more than thirty days your ability to appeal that denial is over
I really want to encourage you that if you think that there was a legal mistake you must talk to a lawyer for filing an N 336 (administrative appeal). You can contact our team of immigration attorneys.