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How to get the local office to forward appeal to the BIA?

Philadelphia, PA |
Filed under: Immigration

I went to my local office to check on the appeal status, when they looked at the computer they said it already went to the BIA and came back according to their system. But I've been calling the BIA once every two weeks since the appeal was filed and they say they never received it. And we never got any receipt from BIA. My attorney office is telling me that the USCIS made a mistake and will eventually forward it. My question is what can we do to have it forwarded to the BIA??

Attorney Answers 3

Posted

Why aren't you listening to your attorney?

Why are you making telephone calls to the BIA and CIS? That is your attorney's job.

BIA appeals can take months, and months, and possibly years.

Don't be so eager to have them decide. Unfortunately, statistically the BIA 'affirms' denials more often than they reverse them.

Keep in touch with your attorney and relax ... yes, I know it will be difficult to relax ... but, try.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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2 comments

Asker

Posted

As an attorney do you check the status of eachof your clients' cases? The comment above came from his secretary - not him. He's so busy I can't even get a hold of him. The fact is that they're saying that the case is not going to the BIA and their original decision stand.

F. J. Capriotti III

F. J. Capriotti III

Posted

Yes, I do personally keep track of each and every one of my cases. Further, my retainer agreement specifically states that my clients are not to contact any government agencies. If I'm hired to do a job I need to be allowed to do that job ... or be fired. It is counter-productive for a client to be constantly looking over their attorney's shoulders. Of course, you can fire your lawyer, or pay an attorney for a second opinion. But, I encourage you not to be calling CIS, nor the BIA. As for your lawyer, I suggest that you call and schedule an in-person meeting to discuss the CIS/BIA position. If he is 'too busy' to meet with you, take a copy of your entire file to a different attorney and get a second opinion.

Posted

You attorney should be dealing with it not us here on forum.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Asker

Posted

He is not. That's why I asked.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

The change the attorney. I am sorry to here that you counsel is not serving you properly.

Posted

I agree with my colleagues. However, if you did not receive a receipt within a month after filing I'd ask to see the fedex or courier receipt to make sure your appeal is not denied for failure to timely file.

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