New Jersey Immigration Appeals Lawyer
Need To Appeal a USCIS Decision?
Law Offices of Simone Bertollini, I represent clients with dedication and a strong understanding of the
law regarding immigration appeals, and filing motions with the United
States Citizenship and Immigration Services (USCIS) for denied petitions.
Unfortunate circumstances can arise involving an unfavorable decision regarding
immigration case. Decisions can be made in haste or some details may be overlooked.
In some cases, you will have the opportunity to appeal your decision,
which is a request for the decision to be readdressed and modified by
a higher authority. Decisions can be altered if errors were made or if
any type of injustice took place.
The Appeal Process
Appeals can first be made to the Board of Immigration Appeals (BIA). If
your immigration request is still denied, it can next be taken to the
federal court. You must find out the specific requirements for each stage
of the process that you encounter. Decisions that are denied by any party
carry a 30-day time limit to be appealed with the next higher authority.
Appeals to the BIA
The Board of Immigration Appeals interprets immigration laws and addresses
legal immigration issues. Decisions made by the BIA regulate actions taken
by Department of Homeland Security officers and immigration judges. Many
negative responses by the BIA can be taken to the Federal Circuit Court
for further review.
Appeals to the AAO
The Administrative Appeals Office hears many cases, including employment-based
immigrant petitions under INA § 204(b), and non-immigrant worker
petitions under INA §214. Unfavorable decisions by the AAO can be
challenged in Federal District Court.
Writ of Mandamus
If the USCIS has delayed your
Green Card or
Citizenship case for an unreasonable time, you can file a Writ of Mandamus in Federal
District Court to force the U.S. Government to make a final decision.
Writ of Habeas Corpus
A petition for a writ of Habeas Corpus is a civil action against the State
or Federal agent (usually a warden) who holds the defendant in custody,
to contest the validity under U.S. laws of the detention.
Writ of Coram Nobis
A petition for a writ of Coram Nobis is an extraordinary remedy for those
that have been released from custody but suffer from a serious collateral
consequence of the conviction, such as deportation from the United States.
Legal Representation at the Law Offices of Simone Bertollini
Filing an appeal can be a complex process that requires the knowledgeable
New Jersey immigration appeals attorney from my firm. If your petition
or application has been denied by the U.S. Citizenship and Immigration
Services, I can help you appeal the decision to the higher judicial authority.