NYC Immigration Litigation & Appeals Attorney (Brooklyn, Manhattan)

Immigration litigation can be some of the most complex types of cases an attorney can tackle. But the best immigration ligation lawyer at Kats Immigration Law in New York City doesn’t back down from the challenge. When your immigration application has been denied or delayed beyond a reasonable time, call your NYC immigration litigation lawyer today to begin the appeals process. You can even start with a virtual consultation.

Can I Appeal an Unfavorable Immigration Decision?

When an immigration case is denied, it’s a setback that can cause uneasiness and anxiety, especially if you could face torture or persecution in your home country. In some cases, an unfavorable immigration decision can be appealed, which means you file a request to a different authority to review a decision.

Since U.S. immigration laws can be very confusing, seek an immigration attorney to make sure you understand all possible options for immigration appeals and to present your case to an immigration judge. In the Brooklyn and Manhattan areas, there’s no better choice than Alina Kats of Kats Immigration Law; she handles every aspect of immigration law and appeals, including:

• Board of Immigration appeals
• Motions to reconsider
• Federal litigation

What Types of Immigration Decisions Can Be Appealed?

In most cases, an unfavorable immigration decision isn’t necessarily final. There are several types of immigration decisions that can be appealed such as:

• Denial of naturalization
• Denial of your visa application
• Denial of your green card application
• Denial of a labor certification

If you receive a deportation order, you’re sent back to your home country. You may even be prevented from returning to the United States for a period of time or permanently. Deportation orders can sometimes be appealed with the help of an immigration litigation lawyer.

How Do I Appeal an Unfavorable Decision?

Most appeals must be filed within 30 days of the decision. Some decisions have a shorter deadline, such as when an approval for a petition is revoked. When you receive a denial or revocation, it states whether the decision can be appealed and where you can appeal. Appeals can be filed with the various agencies, such as:

• Board of Immigration Appeals. The BIA is part of the U.S. Department of Justice. They review appeals on decisions made by immigration judges, which may include deportation orders, denial of asylum and withholding of removal.
• Federal Circuit Court of Appeals. A decision made by BIA can be appealed to the Federal Circuit Court of Appeals within 30 days of the decision. Filing a Petition for Review doesn’t automatically prevent deportation. You should also request a stay of removal to prevent being deported while the case is being reviewed. The stay of removal may or may not be granted, which means you may be deported at any time.
• Administrative Appeals Office (AAO). The AAO hears appeals of decisions made by the U.S. Citizenship and Immigration Services (USCIS) such as denial of a visa, denial of an application for naturalization or denial of adjustment of status to permanent resident.

You have the right to represent yourself when appealing an unfavorable decision, but preparing an appeal can be complex, and it’s best to get professional help from an NYC immigration litigation attorney. And you need to be prepared to stick with the process for a long period of time because the appeals process can take a year or longer.

What Is a Motion to Reconsider or Reopen?

Even if your denial or revocation states that you can’t appeal, you can file a motion to reconsider or reopen. While appeals are a way to ask a different authority to review a case, a motion to reconsider or reopen is directed toward the authority who made the latest decision. Types of motions that can be filed include:

• Motion to reconsider. A motion to reconsider can be filed if you believe there was an error of law or procedures, such as denial of rights or exclusion of evidence. It may also apply if there’s been a change in the laws since the decision was made.
• Motion to reopen. This type of motion may be filed if there’s documentation of new facts that weren’t previously available.
• Combined motions to reopen and reconsider. Both types of motions can be filed, but each is considered separately.

Motions to reconsider or reopen must be filed within 30 days of a decision. Filing one of these motions provides an opportunity to have your case heard again, but there’s no guarantee the decision will be any different. Denial of a motion to reopen or reconsider can be appealed, and it’s essential to have the help of an experienced immigration litigation lawyer.

What Is Federal Litigation?

Immigrants often face denial or delay when waiting for immigration applications to be processed. With the help of an immigration litigation lawyer, government agencies can be challenged in court with federal litigation for unjust decisions or delays. This may be done when other options have been exhausted. Examples of lawsuits that may be filed include:

• Habeas corpus, which is a petition for immigrants who have been detained to appear before a judge
• Mandamus lawsuit, which is a way to force a government agency to make a decision when there have been unreasonable delays
• Administrative Procedures Act (APA), which covers litigation to overcome denials that weren’t done properly

Filing a lawsuit is a way to hold immigration agencies accountable for unfair or inaccurate decisions. Being successful with federal litigation requires meticulous preparation by an attorney with expertise in immigration laws.

Filing appeals on immigration decisions is time-sensitive and it’s important to have an experienced immigration litigation attorney guide you through the process to avoid making costly mistakes. With the help of a top-notch immigration litigation attorney, you gain a clear understanding of your options in appealing unfavorable decisions, and you have the best possible chance of success. Contact Kats Immigration Law today to set up a consultation to ensure your appeal is done right.