Board of Immigration Appeals (BIA)

If you’ve ever wondered: what is the Board of Immigration Appeals, you’ve probably already encountered some push-back from U.S. immigration authorities. Get BIA attorney assistance with your questions. Dealing with the United States Board of Immigration Appeals is common, since applications for visas and green cards is a complicated process. To guide and represent you after you’ve received a visa denial, call a Board of Immigration Appeals attorney at Kats Immigration Law in New York City.

What Is the Board of Immigration Appeals?

The United States Board of Immigration Appeals (BIA) is part of the Executive Office for Immigration Review (EOIR), which falls under the Department of Justice (DOJ). The BIA primarily reviews and decides appeals from decisions made by immigration judges, as well as from certain decisions made by officers of the Department of Homeland Security (DHS).

Your appeal is heard by the BIA if you get an unfavorable decision from an immigration judge or DHS officer. The BIA reviews these cases and modifies, or reverses the original decisions based on the law and the evidence you present. If your Notice of Appeal on Form EOIR-26, arguments and supporting evidence aren’t as convincing as they should be you may lose benefits in areas such as:

• Asylum
• Cancellation of removal
• Adjustment of status

Because immigration law is so complex and relies on the utmost accuracy, you improve your chances of winning an appeal with an experienced Board of Immigration Appeals attorney. Alina Kats, ESQ. is a BIA attorney who offers her services for a wide range of immigration issues at Kats Immigration Law in Brooklyn and Manhattan. And if you can’t make it into NYC, you can book a virtual consultation right now from your home.

Are There Different Types of U.S. Immigration Appeals?

You have options for appealing immigration decisions following deportation or removal orders and some employment-based visa petitions. If your appeal to the BIA is unsuccessful, you can also request further review in the federal court. You’ll have to file a petition for review with the U.S. Court of Appeals within 30 days of the BIA’s final decision and present your legal arguments and evidence to the federal court.

The process can go quickly if your BIA attorney has all the information and can easily see why your application was denied. Different types of immigration appeals depend on the facts of your case, which requires extensive experience with considerations such as:

• Motions to reopen or reconsider
• Convention against torture
• Removal defense
• Withholding of removal
• Unauthorized employment

You can also appeal DHS decisions like denials of visa petitions, bond redeterminations, and denials of relief under the Violence Against Women Act (VAWA). You must clearly mention your reasons for the appeal and ensure all sections of the form are completed accurately.

What Are Common Reasons for Appealing to the BIA?

Mistakes are the main reasons appeals are necessary. As a petitioner, you’re the one who makes a mistake most often, especially if you decide to self-petition for a green card. Even one wrong date or misspelled name can trigger a denial. If your judge doesn’t understand the criteria and rejects your application based on this misunderstanding, you might have a strong basis for an appeal based on common reasons that include:

• Error in application procedures
• Incorrect findings of fact
• Abuse of discretion

New evidence includes documents, testimonies or other materials that support your claim and show that the initial decision should be reconsidered. An experienced BIA attorney provides valuable assistance throughout the appeals process. Whether you’re presenting new evidence or correcting factual errors, a Board of Immigration Appeals attorney helps you stay on track with all required submissions.

Why Should I Hire an Immigration Attorney for a BIA Appeal?

An immigration attorney helps you understand if you have valid grounds for an appeal. Whether your reason for appealing to the BIA is factual errors made by the immigration judge, disputes over the admissibility of evidence, procedural errors or based on new evidence that wasn’t present in initial hearing, an immigration attorney evaluates your case to determine the case’s credibility. Your NYC BIA attorney also helps throughout the process with tasks that include:

• Making sure your Notice of Appeal is properly filled out and clearly states the reasons for your appeal
• Ensuring the documentation is relevant to your appeal, working with you to gather, organize and present required evidence
• Writing briefs outlining the legal arguments for your case, which must be well-researched, logically organized and clearly written
• Representing you in court and during interviews

If the BIA schedules a hearing for your appeal, your BIA attorney presents your case, addresses any questions from the BIA members and counters arguments. They help you understand the outcomes of your appeal and what you can expect throughout the process. The BIA appeal process has strict deadlines and procedural requirements. If you fail to follow the timeline, it may result in dismissal of your appeal.

What Do I Do if My BIA Appeal Is Delayed or Denied?

If your appeal to the BIA is denied, you may have the option to appeal the decision to a federal court. An experienced immigration attorney assesses your case and advises you on your options after reviewing the denial letter. If all appeals are denied and your case remains unresolved, alternative immigration options may be available with the help of a BIA attorney.

United States Board of Immigration Appeals are complex and confusing. Benefit from the expertise of Alina Kats and contact Kats Immigration Law today to pursue the best possible result for your appeal.