Hi, my name is Natalia Gavin, an immigration attorney in New York City. Today, I would like to tell you about the process of appealing your immigration case in case it was denied by the immigration judge. If your case has been denied by the judge, you or your attorney who is representing you at the hearing should reserve an appeal. Reserving an appeal basically means letting the government and the judge know that you do not agree with the decision and that you would like to take the next 30 days to decide whether or not you would like to appeal. If you make the decision to appeal, the next level of appellate body will be the Board of Immigration Appeals, located in Virginia. To file your appeal with the Board of Immigration Appeals, you need to file a notice of appeal along with the filing fee, which is $110. Under certain circumstances, you can request a fee waiver, and the $110 fee may be waived. After you file a notice of appeal, you will receive an automatic stay of removal. This means that the government immigration Customs Enforcement cannot remove you from the country while the appeal is pending. Additionally, after filing 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 judge's court hearing. You will be able to see all the questions and all the answers that you provided before the immigration judge. This is a very important document because the attorney who is filing your brief...
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Uscis appeal processing time Form: What You Should Know
See 9 FAM 374.02 for more details. If an appeal has not been filed in accordance with the time periods stated in section H, and the USCIS office issues the revocation, the decision remains in effect, and you can file Form I-290B or Form I-485 within 45 calendar days after its issuance. Sep 11, 2024 — For most visa-denial applications or cases, the USCIS will inform the appellant or applicant of a decision to revoke the waiver within 15 calendar days after receipt of the completed I‑130 or Form I-485. If a revocation is denied, you can appeal the decision to USCIS's Appeals Unit (UA) within 15 calendar days (or.00). If you do not appeal, your application will be administratively canceled, and you will return the Form I‑130 or Form I‑485 in its original wrapper. See 9 FAM 374.02. Sep 14, 2024 — If an application or request for an extension of stay or petition was filed on or past the due date, however, it was still pending with USCIS, you have 60 days from the date the USCIS denial letter was delivered to resubmit the application. If you do not resubmit, the application or request that was previously submitted will be cancelled and the applicant will forfeit their application or request for an extension. (If this does occur, see 9 FAM 374.03 for an explanation of application cancellation.) If the revocation was administrative in nature, no notification (i.e., the appellant received no notification of adverse action from USCIS) will be received in writing until 5 years after the date the notice was first received. See 9 FAM 374.03. Sep 11, 2024 — If you filed an application without regard to the date on which you made a visa request, if you have an unexpired visa, and have not attempted to extend it prior to this date, you may file Form I‑485, Application for Adjustment of Status. If you filed a visa request at a previous time, you must request a second visa from I-485, and complete the forms required under 9 FAM 342.22, I‑797 Petition for an Adjustment of Status or Form I‑485, Application for Adjustment of Status — Visa Requirement.
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