What Types Of Decisions Can I Appeal With The Board Of Immigration Appeals (BIA)?
The BIA reviews the decisions of immigration judges. There are only two kinds of decisions that they do not review:
Credible fear determinations and
Reasonable fear determinations
These are petitions for asylum based on a credible or reasonable fear of persecution in one’s own country. They are administered by the USCIS.
Decisions that you can appeal with the BIA include:
Deportation, including orders of removal and applications for relief from removal
Bond hearings
Denial or delay of citizenship
Visa petition issues:
including the exclusion of aliens applying for admission,
petitions to classify the status of aliens applying for admission, and
petitions to classify the status of alien relatives for issuance of preference immigrant visas
Motions for reopening and reconsideration of decisions previously rendered
Asylum
Waivers of inadmissibility
Family-based immigration petitions
DHS fines and penalties
There are some decisions, however, that you cannot appeal to the BIA. These include:
Decisions rendered against those who have already been deported
Credible or reasonable fear determinations
The majority of Bisa petitions
DHS denials for adjustment of status
These decisions can be appealed; they simply cannot be appealed with the BIA. Usually, you must appeal to the AAO.
How Long Do I Have To Request An Appeal?
Either party may appeal an immigration judge’s decision within 30 calendar days. It’s important to note that calendar days are different from business days. The Board must receive the notice within 30 days of the decision unless the due date falls on a holiday or a weekend. In that case, it would be the following business day.
In order to avoid confusion and a summary dismissal of your appeal, it’s important to appeal the decision as soon as possible.
Lozano Law Firm - Abogados de Inmigración
5718 University Heights Blvd #104
San Antonio, TX 78249
(210) 899-2290
https://abogadolozano.com
