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

Call Toll Free 800.993.9097 or contact us online for a free initial consultation.  If you, your friend, or family member needs to appear in front of an immigration judge, call our removal and deportation immigration attorney for immigration representation. 

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:

1.        your right to appeal;

2.        who to appeal the decision to either to the Administrative Appeals Unit or to the Board of Immigration Appeals; and

3.        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.

Please contact us now for a free initial consultation to discuss whether you can file an appeal and/or motion to reopen or reconsider.  It is important to contact us as soon as possible in order to ensure that you do not miss any filing deadlines.

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:

1.            Military deployment,

2.            Age-out cases not covered under the Child Status Protection Act, and applications affected by sunset provisions such as diversity visas,

3.            Significant and compelling reasons, such as critical medical conditions, and

4.            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.

Please contact us now for a free initial consultation to discuss whether your specific case warrants the filing of a Writ of Mandamus.

FBI Name Checks Summary

FBI name checks, one of the security screening tools used by USCIS, may be the single biggest obstacle to the timely and efficient delivery of immigration benefits. The problem of long-pending FBI name check cases worsened during the reporting period.

• As of May 2007, USCIS reported 329,160 FBI name check cases pending;

• Approximately 64% (211,341) of those cases have been pending more than 90 days and approximately 32% (106,738) have been pending more than one year;

• There are now 93,358 more name check cases pending than last year, and 31,144 FBI name check cases pending more than 33 months as compared to 21,570 last year;

Pending FBI Name Checks

Age of Pending Response	Total Count (May 4,2007)	Total Count (May 17, 2006)
< 3 months	117,819	82,636
3 - 6 months	55,749	33,450
6 - 9 months	28,029	20,047
9 - 12 months	20,825	16,845
12 - 15 months	14,133	15,064
15 - 18 months	13,931	10,636
18 - 21 months	11,035	8,144
21 - 24 months	12,398	8,325
24 - 27 months	11,765	9,754
27 - 30 months	6,600	4,435
30 - 33 months	5,732	4,896
> 33 months	31,144	21,570
Total Pending	329,160	235,802

Source: US Citizenship & Immigration Services Ombudsman 2007 Annual Report

http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_highlights.pdf