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The BIA, abbreviation for Board of Immigration Appeals, is an appellant body of the U.S. Department of Justice that interprets and applies immigration laws. The BIA has nationwide authority to decide appeals of certain decisions of immigration judges and directors of USCIS offices. The decisions made by the BIA are considered to be the final administrative decision in an immigration case, unless it is overturned by the Attorney General or a Federal Court. Let's talk a bit more in detail about what a BIA lawyer is and how you can hire a BIA Appeals lawyer in Miami, Florida.
What is a BIA Appeals Lawyer?
USCIS officers and also Immigration Judges in Immigration Court sometimes deny cases erroneously. If you’re a person whose case was denied and you disagree with the decision and immigration’s reasoning, you need a BIA Appeals attorney to help you file an appeal of the denial. A BIA Appeal is filed by mail and ends up resulting in a complete review of your records and the denial decision to request that your denial decision is reversed.
To ensure your best chances of getting an approved appeal, you will definitely need a BIA Appeals lawyer. Oral arguments aren't that common in the world of BIA appeals. But, in the rare case that you get to participate in one, a BIA Appeal Lawyer must be present on your part to ensure that all arguments are made to the court properly. Typically, the BIA decision is based purely upon the legal argument and legal research included in the appeal brief. Your lawyer can make sure the correct research and facts are brought out in the appeal brief.
What is the Process to File an Appeal in the BIA?
Right after your application is denied by USCIS, you'll have to quickly submit an appeal with the BIA within a certain amount of time. A rundown of the whole process is listed below.
1) Be Mindful of Filing Deadlines
Firstly, as we said above, you need to fill out the applications with a time limit in mind. The deadlines are really short, and you need to find a lawyer and submit the appeal as soon as you can. Submitting a BIA Appeal is the last shot you might have with immigration. Make sure that you do it within 30 days of the denial of the initial application.
2) File Correct Forms
If your application should have been approved, but it wasn't, it indicates that judge or official deciding your case made some sort of mistake in the decision. Proving this mistake on immigration’s part is not easy. Make sure you employ the services of a BIA Appeal lawyer, who understands the law, to file this appeal. Fill all the forms required for the appeal and have everything reviewed by the lawyer carefully before you make your submission. EOIR 26 or EOIR 29 are the appeal forms used to advocate your case to the BIA, but there is complexity in understanding which form you need. Your BIA appeals lawyer will make sure all is correct.
3) File Notice of Appeal with Correct Research and Evidence
Within the time limit allotted, you must file either a Notice of Appeal – a short version of your appeal explanation – or a full appeal, depending on the type of appeal you file. You will be given the chance to state you will send additional legal writing and evidence at a later date, but even if you say you will, you must still send a complete explanation of the legal error the judge or officer made with the facts and law to support your claims. A good BIA Appeals lawyer will ensure that the application and all necessary explanation and evidence is included in your Notice of Appeal or appeal.
4) File Appeal Brief After Receiving Transcript
For Court cases, you will be sent a Briefing Schedule and a Court Transcript along with a date to submit your final brief. The Court Transcript must be reviewed with close detail, even though it will be hundreds of pages. Your lawyer will review the transcript to look for direct quotes from the judge, government attorney, or you, to try to prove your appeals case. Then, she will use the quotes from the Transcript along with any appropriate evidence from your court record to support the arguments for your appeal that she makes in the Appeal Brief. It is important that the Appeal Brief be timely filed, which is another reason you need an experienced BIA Appeal Lawyer to help you file your BIA appeal and brief.
What is the Process to File a BIA Appeal with a Lawyer?
Hire a Lawyer
The first step is to find and hire the right lawyer. There are a lot of immigration lawyers out there, but they are not all experienced in BIA appeals. BIA Appeals is a specialized niche in immigration law, so make sure your immigration lawyer is skilled in this area. Look for a lawyer with a successful track record and good online reviews and hire them.
Bring Correct Paperwork to Lawyer
The right paperwork is your key to success. A lawyer needs all the documents you have that could possibly support your case and make it stronger. If you have any pages, digital or otherwise, that could help make your case that the judge or immigration officer was wrong, put them in the hands of your BIA Appeals lawyer.
How Can a BIA Lawyer Help?
Appeal for the Right Reasons
An appeal is a declaration that the government immigration authority made a mistake. In order to track that mistake, you need someone that's well-versed with the rule book of immigration to figure out how to go against the government and prove they made an error. That someone isn't you. It's a BIA Appeals Lawyer in Miami, Florida.
Include Research that Helps You Win the Case
Your BIA Appeals lawyer has access to research previous law decisions to include previous immigration decisions that are similar to your case, which will greatly strengthen the arguments they are making for you. Laypeople do not have access to the vast databases of immigration research that a BIA Appeals lawyer does. Research goes a long way in maximizing your chances for success on your BIA Appeal.
Give You the Best Chance for Success
By hiring a BIA Appeals Lawyer in Miami, Florida, you're increasing the chances of having your BIA appeal approved tenfold. It's not an easy process, and trying to handle it without a lawyer will be overwhelmingly stressful for you. It's an appeal, which is much harder than the original application submitted to USCIS or the Immigration Court. If you're going to convince anyone that you should be approved, your BIA Appeals attorney can make sure that the scales are tipped in your favor.
Hire the Best BIA Appeals Lawyer in Miami, Florida
Are you looking for a top-quality firm providing BIA Appeals Lawyers in Miami, Florida and the U.S.? Your answer is Immigration Lawyers USA. We're one of the top immigration firms in the country and have helped thousands attain their dreams of U.S. residency and citizenship. If your case was denied less than 30 days ago, give us a call at 305-501-0783, and we'll come up with a strategy to win your BIA Appeal.