Your Second Chance to Fight for Your Future in the U.S.
When an immigration judge or government agency makes a decision that puts your future in the United States at risk, it can feel like the end of the road. But in many cases, you still have options. An immigration appeal may give you a second chance to correct legal errors, present stronger arguments, and fight for the life you’ve built here.
Our immigration appeals team understands how high the stakes are. We carefully review your case, identify mistakes or oversights, and prepare a strong, strategic appeal tailored to your situation.
What Is an Immigration Appeal?
An immigration appeal is a formal request asking a higher authority to review a decision made by an immigration judge or government agency.
You may be able to file an appeal if you received a negative decision in cases involving:
- Removal (deportation) orders.
- Green card (lawful permanent residence) denials.
- Asylum, withholding of removal, or CAT protection denials.
- Waivers (I-601, I-601A, I-212, and others).
- Family-based immigration petitions.
- Certain employment-based or business immigration petitions.
- Denied motions or other adverse rulings.
An appeal does not start your case over from scratch. Instead, the appellate body reviews the record from your original case to determine whether the law was applied correctly and whether the decision was supported by the evidence. That’s why it’s critical to work with an attorney who understands both immigration law and the appeals process.
Who Handles Immigration Appeals?
Depending on your case type and where the decision was made, your appeal may go to:
- The Board of Immigration Appeals (BIA): Reviews decisions from immigration judges (for example, removal orders, bond decisions, and some applications denied in immigration court).
- The Administrative Appeals Office (AAO): Reviews certain denials issued by U.S. Citizenship and Immigration Services (USCIS), such as some employment-based petitions and waivers.
- Federal Courts: In some situations, after going through the immigration appeal process, your case may be reviewable by a federal circuit court through a petition for review. This is a highly technical process that requires experienced legal representation.
Diaz & Gaeta Law assesses where your appeal should be filed and what legal issues are strongest to raise at the next level.
Strict Deadlines: Why You Must Act Quickly
Immigration appeals are subject to very short deadlines—often as little as 30 days from the date of the decision, and sometimes even less. If you miss the deadline, you may lose your right to appeal altogether.
After a negative decision, it’s important to:
- Get legal advice immediately to determine whether an appeal is possible.
- Preserve all paperwork from your case, including the judge’s decision, notices from USCIS, and any correspondence you’ve received.
- Avoid filing on your own without understanding the legal consequences—incorrect filings can harm your case and waste limited time.
When you contact our office, we review your decision, explain your options, and help you decide whether an appeal, motion to reopen, motion to reconsider, or a different strategy is best.
How Our Attorneys Handle Immigration Appeals
Appeals are different from regular immigration cases. They require careful legal analysis, strong written advocacy, and a detailed understanding of how immigration courts and agencies review cases.
When we handle an immigration appeal, our team typically:
- Reviews the entire record
Transcripts (if available), hearing notes, filings, and evidence; the judge’s or officer’s written decision; any prior applications or notices.
- Identifies legal and factual errors
Misapplication or misinterpretation of the law; failure to consider important evidence or testimony; due process problems (for example, not allowing certain evidence, translation issues, or lack of proper notice).
- Develops a strategic theory of the case
Clarifying what the decision-maker did wrong; highlighting strong evidence supporting your eligibility for relief; focusing the appeal on the most persuasive arguments.
- Prepares a detailed appellate brief
Explains the facts of your case clearly; cites relevant statutes, case law, and regulations; argues why the decision should be reversed or sent back (remanded).
- Keeps you informed at every step
Explaining the process, timeline, and possible outcomes; answering your questions in plain language; helping you understand what to expect and how to prepare for what comes next.
Immigration Appeals We Commonly Handle
Our firm assists clients with appeals related to:
- Removal/deportation orders from immigration court.
- Denials of asylum, withholding, or protection under the Convention Against Torture.
- Denials of cancellation of removal or other relief in court.
- Green card and consular processing denials.
- Waiver denials (e.g., hardship waivers).
- Certain USCIS petition denials that were eligible for AAO review.
- Bond decisions and certain custody-related rulings.
Every case is unique, and appeals are not always the right option. In some situations, a motion to reopen, a motion to reconsider, or pursuing a new form of relief may be more appropriate. We help you evaluate all options so you can make an informed decision.
Do I Have a Strong Appeal?
Whether you have a strong appeal depends on several factors, including:
- The specific reason your case was denied
- Whether the judge or officer misapplied the law or ignored key evidence
- Whether there were procedural problems (for example, improper notice or unfair hearing conditions)
- Whether new evidence has surfaced that could support a motion to reopen
- Your immigration and criminal history, if any
In our consultation, we’ll review your decision and key documents, explain what went wrong and why, discuss whether an appeal is recommended, and be honest about the risks, chances of success, and possible alternatives.
Why Work with Our Immigration Appeals Team?
Appeals are complex and highly technical. When you work with our firm, you get:
- Focused immigration experience handling complex cases and appeals.
- Thorough case review to spot issues other attorneys may have missed.
- Clear communication so you always understand what is happening and why.
- Compassion and respect — we know your case is not just paperwork; it’s your life, your family, and your future.
We are committed to fighting for our clients and exploring every possible avenue the law allows.
Frequently Asked Questions About Immigration Appeals
How much time do I have to file an appeal?
Deadlines are very short. In many cases, you have as little as 30 days from the date of the decision to file an appeal, and sometimes less. It’s important to speak with an attorney as soon as you receive a denial or removal order, so you don’t lose your right to appeal.
Does filing an appeal stop my deportation?
In many removal cases, filing a timely appeal with the BIA can “stay” (pause) the deportation order while the appeal is pending. However, this is not automatic in every situation, and the rules can be complex. Our attorneys will review your specific case and explain whether your removal may be paused during the appeal.
Can I submit new evidence with my appeal?
Most appeals focus on the evidence that was already presented in your original case. The appellate body reviews the record to see if the law was applied correctly. If you have new evidence, a motion to reopen may be more appropriate. Sometimes, both an appeal and a motion are used together—our team will help you decide the best approach.
What is the difference between an appeal and a motion to reopen or reconsider?
An appeal asks a higher authority to review the immigration judge’s or officer’s decision for legal or factual errors. A motion to reopen is used when there is new evidence or changed circumstances that were not available before. A motion to reconsider argues that the decision was wrong based on the law and evidence that already existed at the time. We will evaluate your case to determine which option—or combination of options—gives you the strongest chance of success.
How long does an immigration appeal take?
Processing times vary widely depending on the type of case and where the appeal is filed. Some appeals may take several months; others can take a year or more. While your case is pending, we keep you updated on any changes, requests, or decisions.
Do I need an attorney to file an appeal?
You are not required to have an attorney, but appeals are technical and require strong legal arguments and written briefs. A simple mistake or incomplete argument can seriously hurt your chances. Working with an experienced immigration appeals attorney greatly improves your ability to present a strong, well-supported case.
What if another attorney handled my original case?
We frequently review decisions from cases handled by other attorneys or by people who represented themselves. We will carefully evaluate what happened in your prior case, identify potential errors, and give you an honest opinion about whether an appeal or motion makes sense now.
Protect Your Future – Talk to an Immigration Appeals Attorney
If you or a loved one has received a denial or removal order, do not wait. Time is extremely limited, and the decisions you make now can affect your ability to stay in the United States.
Contact our office today to schedule a consultation about your immigration appeal 678-503-2780. We’ll review your case, explain your options, and help you take the next step forward.
