Our US Immigration Litigation Attorney has filed various Motions, Appeals,
Writs of Habeas Corpus, Petitions for Rehearing, before the Board of Immigration Appeals, Administrative Appeals Office, USCIS,
various federal and district courts. Immigration Attorney Lee appeared before the US Immigration Court during deportation/removal
proceedings and attended marriage interviews, US Citizenship interviews, and family-based green card interviews.
Contact us online for a free immigration attorney case review or call toll free at 800.993.9097.
Immigration Representation - Removal/Deportation Hearings
If you, a friend, or family member received a Notice to Appear before a US Immigration
Judge, we can help you. We represent immigration clients before the US Immigration Court for Removal/Deportation Hearings.
We provide immigration help and can file various forms of relief from removal:
- Discretionary Relief
- Voluntary Departure
- Cancellation of Removal
- Asylum
- Adjustment of Status
How to Appeal
a Denied or Revoked Application
If your application
was denied or revoked by US Citizenship & Immigration Service, you may appeal the decision. You must make sure to
read the denial notice because it will advise you of the following:
- your right to appeal;
- who to appeal the decision
to either to the Administrative Appeals Unit or to the Board of Immigration Appeals; and
- most importantly, the time frame in which to appeal the decision.
Motions to Reopen or Motion to Reconsider
You may ask the office to reexamine or reconsider its decision. A motion to reopen must state the new facts that
are to be provided in the reopened proceeding and must be accompanied by affidavits or other documentary evidence. A motion
to reconsider must establish that the decision was based on an incorrect application of law or USCIS policy, and further establish
that the decision was incorrect based on the evidence in the file at the time the decision was made. Any motion to reopen
or reconsider must be filed with the correct fee within 30 days of the decision.
Who May Appeal?
Only the person that submitted the original application or petition may file the appeal. The petitioner alone has
standing to appeal the denial of a visa petition. The beneficiary of a visa petition may not appeal the decision.
How to Appeal?
The denial notice from the US Citizenship and Immigration Service will tell you where to file the appeal, the filing
fee, the form to complete, and other additional instructions on filing the appeal. There are strict deadlines that must
be met to properly file an appeal. The appeal must be filed with the correct fee at the office that made the original decision.
You may file a brief (explanation) in support of the appeal. After review, the appellate authority may agree with you and
change the original decision, disagree with you and affirm the original decision, or send the matter back to the original
office for further action.
How
to File Writ of Mandamus to Expedite FBI Name Check
On
February 27, 2007, US Citizenship & Immigration Services issued a memorandum clarifying when it will accept a request
for an expedited FBI name check. U.S. Citizenship and Immigration Services (USCIS) is no longer routinely requesting the FBI
to expedite a name check when the only reason for the request is that a mandamus (or other federal court petition) is filed
in the case. USCIS may continue to request an expedited FBI name check if the case meets one of the other approved criteria,
including:
- Military deployment,
- Age-out cases not covered under the Child Status Protection Act, and applications affected by sunset provisions such
as diversity visas,
- Significant and compelling reasons, such
as critical medical conditions, and
- Loss of social security
benefits or other subsistence at the discretion of the USCIS District Director.
This memorandum does not imply that a Writ of Mandamus will not be effective in expediting a FBI name check.
However, if properly filed you may be able to expedite the FBI name check.
Filing a Writ of Mandamus should only be used as a last resort after you have exhausted all alternate routes
to expedite your case such as inquiries with the local immigration office. This writ is still not a guarantee that your case
will be resolved as a result of filing the writ especially since each Federal District Court’s own processing times
may vary. However, if properly filed your case should be resolved within several months from filing the writ.