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Appellate Advocacy

 

Under some circumstances, you can appeal a decision to deny an immigration benefit. 

Blackwell Law Group can advise you whether there is any basis for appealing and whether there are alternatives to appealing.

IMPORTANT: There are very strict deadlines for filing appeals.  If you miss a deadline, you reduce your legal options.  Typically, you must appeal within 30 days.

If you have received a letter or court order that denies an immigration benefit and want assistance from Blackwell Law Group, contact us as soon as possible.  

 

 

 

Depending on the immigration benefit, the appeal is either to the local immigration office that denied the benefit, the Bureau of Immigration Appeals (BIA) or to the Administrative Appeals Office (AAO). 

In some instances, the better solution is to simply apply again, e.g. if waiver of inadmissibility was denied, the chances of success are greater and faster by re-filing the waiver, not appealing.

 

 
 

You also may file a motion requesting the decision be re-opened or re-considered. 

A motion to re-open requests new facts be considered that may change to original decision.  The motion to re-open must be accompanied by evidence of the new facts.

A motion to re-consider must establish that the original decision was an incorrect application of the law based on the evidence in the file at the time the decision was made.  A motion to re-consider does not rely on new facts. 

We will advise you whether such motions are feasible for your case.

 

Blackwell Law Group, S.C. ●  700 W. Virginia St., Suite 307 ● Milwaukee, WI 53204 ● (414) 964-1900

 

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.