Immigration Appeal

How much information do I need to provide in the BIA Notice o Appeal, question 6, reason for appeal?

Chicago, IL -

Attorney Answers (7)

Carl Michael Shusterman

Carl Michael Shusterman

Immigration Attorney - Los Angeles, CA
Answered

A short paragraph explaining the grounds for appeal should suffice.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
Wendy Renee Whitt

Wendy Renee Whitt

Immigration Attorney - Plano, TX
Answered

The fact that you don't even know why you are appealing your own case is revealing. You will not be able to do this on your own. If you want any chance at an appeal, hire an immigration attorney in Chicago to represent you and do it quickly!

Daniel Warren Thomann

Daniel Warren Thomann

Immigration Attorney - Chicago, IL
Answered

That depends on the basis for the appeal - are you appealing a finding of fact? a discretionary decision? a legal conclusion? a combination of these? You can find some guidance in Part F of the general instructions - but keep in mind that "[i]f you do not give specific reasons, with details, in item # 6, or in attachments to your Notice of Appeal, the Board may dismiss your appeal on that basis alone."

I think that is way too great a risk to ignore, and you should seriously consider using an attorney for your appeal. In addition to the possibility that your appeal is dismissed outright, you risk overlooking issues that you would waive unless you raise them now. An attorney would also be able to advise you about whether you need to take any additional action, such as requesting a stay of removal, if this is a case about a decision in immigration court, or if it may be better to file a new petition, if this is a case about a USCIS denial.

An attorney will review your case for things that the appeal could and should focus on, advise you about whether to seek review by a panel or a single judge, and ensure that key procedural steps are followed to ensure that your appeal is not dismissed for technical defects. Also, please remember that your Notice of Appeal needs to be RECEIVED by the deadline - delays in the mail will not excuse a late-filed appeal.

Please note that he information above is general in nature and is not intended to create an attorney-client... more
Dhenu Mitesh Savla

Dhenu Mitesh Savla

Immigration Attorney - Chicago, IL
Answered

While the question can be answered by a short paragraph, the appeals case should be very strongly prepared as it is your final chance of winning. You should, without doubt, seek an attorney's assistance in preparing an appeal.

Dhenu Savla
SwagatUSA, LLC
www.swagatusa.com

Neil Ian Fleischer

Neil Ian Fleischer

Immigration Attorney - Cincinnati, OH
Answered

You really should hire a lawyer like Ms Whitt said

In your appeal notice, you must give enough info that the clerk knows why you are appealing the case

www.immigrate2usa.com

Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State... more
J Charles Ferrari

J Charles Ferrari

Immigration Attorney - Los Angeles, CA
Answered

Really? You do not even know the answer to you basic question and you think you can win an appeal?

You really, really need to retain an experienced immigration lawyer to review all the facts and handle the case.

You have already lost in immigration court and it only gets harder on appeal.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
Kyndra L. Mulder

Kyndra L. Mulder

Immigration Attorney - Jacksonville, FL
Answered

On what basis are your appealing? That is what you state.

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