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.