Trusted Legal Help for BIA Appeals
If you’ve received an unfavorable decision from an immigration judge or USCIS, you may have the right to appeal to the Board of Immigration Appeals (BIA). A trusted immigration lawyer at Martinez Immigration can review your case, identify legal errors, and fight to overturn the decision. Appeals are complex and time-sensitive—having expert legal guidance increases your chances of success.
Who may need an immigration attorney for BIA Appeals?
An immigration lawyer can assist with:
- Challenging an immigration judge’s removal order
- Appealing denied asylum, cancellation of removal, or adjustment of status cases
- Filing a motion to reopen or reconsider based on new evidence
- Seeking a waiver of inadmissibility or unlawful presence
- Contesting a denied marriage-based or employment-based petition
- Handling appeals involving criminal convictions or misrepresentation
Not sure if you’re eligible to file a BIA appeal?
An immigration lawyer can review your case and provide expert legal guidance.
Eligibility for a BIA Appeal
To qualify for an appeal to the BIA, you must meet one of the following criteria:
- You received an unfavorable decision from an immigration judge (IJ).
- You were denied relief from removal, such as asylum or cancellation of removal.
- USCIS denied your family-based or employment-based petition.
- You were ordered removed due to a criminal conviction or immigration violation.
- You have new evidence or legal arguments that were not considered in the original decision.
- You filed your notice of appeal within 30 days of the decision.
Types of BIA Appeals
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- If an immigration judge has issued a removal order, you may appeal to the BIA.
- Requires proof that the judge made a legal or factual error.
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- If your asylum or withholding of removal claim was denied, you can challenge the decision.
- Requires evidence of fear of persecution or torture.
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- If USCIS or an immigration judge denied your green card application, you can appeal.
- Requires proof of eligibility and lack of legal barriers.
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- If you have new evidence or changed circumstances, you may file a motion to reopen.
- Requires proof that the new evidence was not previously available.
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- If the decision was based on an incorrect application of the law, you may file a motion to reconsider.
- Requires legal arguments demonstrating the error.
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- If you were found inadmissible, you can file for a waiver.
- Requires proof that denial would cause extreme hardship to a qualifying U.S. citizen or lawful permanent resident.
How to Apply for a BIA Appeals Process
File a Notice of Appeal (Form EOIR-29)
You must file the notice within 30 days of the decision.
Prepare a Legal Brief
Your lawyer will draft a detailed legal argument explaining why the original decision was incorrect.
Submit Evidence and Supporting Documents
Provide any new evidence or documentation that supports your case.
Oral Argument (if requested)
You may request an opportunity to present your case to the BIA.
BIA Decision
The BIA will issue a decision, which may affirm, reverse, or remand the case.
Further Appeals (if necessary)
If the BIA denies your appeal, you may have the option to appeal to the U.S. Court of Appeals.
BIA appeals are complex and require strong legal arguments. An immigration lawyer can improve your chances of success by preparing a comprehensive and persuasive case.
Required Documentation
Notice of Appeal (Form EOIR-29)
Must be filed within 30 days of the immigration judge’s decision.
Decision from Immigration Judge
Copy of the written or oral decision being appealed.
Proof of Identity
Passport, birth certificate, or government-issued ID.
Supporting Evidence
Medical records, financial documents, and affidavits from witnesses.
Affidavits
Personal statement and testimony from family members or expert witnesses.
Legal Brief
Detailed legal argument prepared by your lawyer.
Common BIA Appeal Challenges & Legal Solutions
Challenges
Solutions
Missed Filing Deadline
If you fail to file the notice of appeal within 30 days, the BIA may reject your case.
A lawyer can argue for an exception based on extraordinary circumstances.
Insufficient Evidence
If you don’t present strong evidence, the BIA may affirm the removal order.
A lawyer can help gather expert testimony and supporting documentation.
Lack of Legal Basis for Appeal
If the judge’s decision was based on solid legal grounds, the BIA may deny the appeal.
A lawyer can identify overlooked legal errors or new arguments.
Failure to Respond to RFE or Additional Requests
If you fail to respond to the BIA’s requests for additional evidence, your case may be dismissed.
A lawyer can track deadlines and ensure all requests are met.
Additional Resources
Frequently Asked Questions
How long do I have to file a BIA appeal?
You must file the Notice of Appeal (Form EOIR-29) within 30 days of the immigration judge’s decision.
Can I stay in the U.S. while my BIA appeal is pending?
Yes, you are allowed to remain in the U.S. while your appeal is under review unless the judge ordered expedited removal.
What happens if the BIA denies my appeal?
You may have the option to appeal to the U.S. Court of Appeals or file a motion to reopen or reconsider.
Can I work while my BIA appeal is pending?
Only if you have an active work permit or an approved adjustment of status application.
What happens if I win my BIA appeal?
The BIA may reverse the removal order, approve your immigration benefit, or remand the case for further review.
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Get Legal Help from an Immigration Lawyer
Need expert legal help with your BIA appeal? A trusted immigration attorney at Martinez Immigration will fight for your right to remain in the U.S.