Appeals | Law Office Of Patricia M. Machado, P.C.

Helping You Navigate the Complex Appeals Process

Immigration officials are not infallible. They can and do make mistakes. That’s why it’s so important that you have an experienced Queens immigration appeals lawyer on your side if your application or petition has been denied. At the Law Office Of Patricia M. Machado, P.C., we know how to identify the weaknesses in a denial and how to present your case in the best possible light on appeal.

Call the Law Office of Patricia M. Machado, P.C. by dialing (212) 568-4550 or contacting our Manhattan appeals attorney online for a consultation.

What Is the Immigration Appeals Process in Queens?

When a petition or application is denied, the applicant is notified of the denial and the reasons for it. The denial notice also explains whether the decision can be appealed and where the appeal should be filed. The notice will include the deadline for filing the appeal, which is typically 30 days from the date of the decision.

There are two types of appeals of immigration decisions:

Administrative Appeals: These are appeals to the Board of Immigration Appeals (BIA) of decisions made by an immigration judge.
Judicial Appeals: These are appeals to a federal district court of decisions made by the BIA.

What Are The Grounds for Filing an Immigration Appeal in Queens?

The grounds for filing an immigration appeal in the United States may vary depending on the specific circumstances of each case.

However, some common grounds for filing an appeal include:

Errors in law or misinterpretation of immigration statutes.
Errors in the application of immigration regulations or policies.
Incorrect factual findings made by the immigration judge or adjudicating officer.
Violations of due process rights during the immigration proceedings.
Lack of proper notice or opportunity to be heard during the immigration process.
New evidence that was not previously available or considered.
Ineffective assistance of counsel.
Procedural errors committed during the immigration proceedings.

It’s important to note that the specific grounds for filing an immigration appeal can be complex and may depend on the specific facts and circumstances of each case. Consulting with an immigration attorney is crucial to determine the appropriate grounds for filing an appeal and to navigate the appeals process successfully.

Strategies for Successful Immigration Appeals

While you cannot present new evidence during an appeal, you can have the court look over and reevaluate the existing case, possibly correcting mistakes or unfair judgments that were made. Information could have also been misinterpreted or you may have been misrepresented by another legal party. Whatever the reason, an appeal allows us another chance to go before the court.

Some examples of cases to appeal include:

Deportation
Labor certification denial
Naturalization denial
Denial for a Green Card
Adjustment of Status
Asylum/Refugee Denial
Visa Deniels

Depending on the details of your case, the appeal can be handled in different venues with the highest level going to the Board of Immigration Appeals (BIA). One of the many benefits to having our Manhattan immigration attorney on your side is that we know your rights and what options are available. Many people in these cases don’t have the expertise and lose their cases, forcing them to face losing their rights or being deported.

What Happens After an Immigration Appeal Is Filed?

Once an appeal is filed, the government has the opportunity to respond. The BIA can then issue a decision on the appeal, remand the case to the immigration judge to reconsider his or her decision, or refer the case to itself for decision.

Immigration appeals are decided based on the record of the proceedings below. The BIA can also hear oral arguments on an appeal. In a judicial appeal, the federal district court reviews the BIA’s decision. The court can also hear oral arguments on an appeal.

Why Choose Our Queens Immigration Appeals Attorney?

The Law Office Of Patricia M. Machado, P.C. can help with the following:

Identify the weaknesses in the denial decision
Assemble the necessary documentation and evidence
Prepare and file the appeal in a timely manner
Present your case in the best possible light on appeal

Our goal is to get the denial decision reversed and have your application or petition approved. We will work with you to ensure that your rights are protected and that your voice is heard. At the Law Office Of Patricia M. Machado, P.C., we are dedicated to helping you achieve your immigration goals.

Discover Your Appeal Options with the Law Office Of Patricia M. Machado, P.C. at (212) 568-4550.

Feel free to reach out and speak with our experienced team of professionals who are here to provide you with legal guidance.

“I’m very grateful to the Law Office of Patricia Machado. They were very attentive throughout our process, and you can tell they know what they’re doing. Getting my residency was a complete success, and I highly recommend them.”

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“Thanks to the hard work of all the associates and staff of Mrs. Machado’s office I was able to successfully completed my immigration case. The timeline for my case Usually takes Five years thanks God they made it happen in 2 years. The price for their services is very reasonable and they guide you through the process in detail. I will be forever grateful for their commitment and dedication. After 10 years in the USA, I was able to see my family again. Thanks a million again.”

Cassio C.