New Jersey Immigration Appeals Lawyer

Need To Appeal a USCIS Decision?

At the 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 one's 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.

As a knowledgeable New Jersey immigration attorney, I can help you pursue an appeal if this will be in your best interest.

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.

Federal Court Appeals
Immigration appeals can be filed to the Federal Courts against decisions of the BIA, AAO, or USCIS denials of applications for Adjustment of Status and U.S. Citizenship.

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.

Contact my firm today for legal assistance through the appeals process.

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