Immigration Appeals: Challenging Unfavorable Immigration Decisions

Protect Your Rights & Fight an Unfair Immigration Ruling

An unfavorable immigration decision doesn’t have to be the end of your case. Many immigration rulings can be challenged through an appeal, giving you the opportunity to have your case reviewed by a higher authority. Whether you’re facing deportation, a visa denial, or an asylum rejection, appealing could change the outcome of your case.

At Benach Pitney Reilly Immigration, our attorneys specialize in strategic immigration appeals, ensuring that errors in legal interpretation, factual findings, or procedural mistakes are corrected.

Received an unfavorable immigration decision? Explore your appeal options with us.

Schedule a Consultation

What Is an Appeal in Immigration Court?

An appeal is a formal request asking a higher authority to review and potentially overturn a lower court or agency’s decision. Unlike a new trial, an appeal examines whether errors in law, fact, or procedure led to an incorrect ruling.

Appeals are time-sensitive, with strict deadlines depending on the type of immigration case. Failing to file within the deadline may result in losing the right to appeal.

Who Can Appeal an Immigration Decision?

Individuals may file an appeal when they receive:

  • A deportation order from an immigration judge.
  • A denial of an asylum, visa, or green card application.
  • An adverse decision on a waiver or immigration petition.
  • A revocation of immigration status by USCIS or another agency.

Not all immigration decisions can be appealed—consult with an attorney to determine your legal options.

Schedule a Consultation

Where Are Immigration Appeals Filed?

Immigration appeals are typically handled by one of the following agencies:

Board of Immigration Appeals (BIA)

  • Reviews decisions made by Immigration Judges (IJs) in removal and deportation cases.
  • Appeals must be filed within 30 days of the judge’s decision.


Administrative Appeals Office (AAO)

  • Handles appeals of USCIS decisions on visas, waivers, and petitions.
  • The deadline to file an appeal varies by case type, but it is usually 30 days from the decision.

How to File an Immigration Appeal

Step 1: File the Correct Appeal Form

  • Form EOIR-26 – For appeals to the BIA (removal orders).
  • Form I-290B – For appeals to the AAO (visa denials, waivers, etc.).


Step 2: Submit Supporting Documentation

  • Clearly state why the decision was incorrect (legal errors, procedural mistakes, new evidence).
  • Provide strong legal arguments and supporting evidence.


Step 3: Pay Filing Fees

  • Appeals require a filing fee unless a fee waiver is granted.


Step 4: Await Review and Decision

  • The appeals body will review written arguments and issue a decision.
  • Some cases may require oral arguments or additional evidence.

Deadlines matter! Appeals must be filed quickly—missing the deadline may forfeit your right to challenge a decision.

Schedule a Consultation

What Happens After Filing an Appeal?

Once an appeal is filed, several possible outcomes can occur:

  • Decision Reversed: The prior ruling is overturned, and the case is approved.
  • Case Remanded: The appeal is sent back for a new hearing with instructions to reconsider the case.
  • Decision Affirmed: The original ruling remains in place, meaning the appeal was denied.

If your appeal is denied, you may have further legal options, such as filing a motion to reconsider or taking your case to federal court.

How can Benach Pitney Reilly Immigration Help?

At Benach Pitney Reilly Immigration, our team of experienced appeals attorneys provides strategic, results-driven representation for clients challenging unfavorable immigration decisions. Our firm offers:

  • Comprehensive Case Review – Identifying legal errors, procedural mistakes, and new evidence to strengthen your appeal.
  • Filing Strong Legal Briefs – Preparing persuasive arguments that highlight flaws in the initial decision and demonstrate why the ruling should be overturned.
  • Representation Before the BIA & AAO – Advocating on your behalf in written submissions and, where applicable, oral arguments.
  • Federal Court Appeals – Pursuing judicial review if the BIA or AAO upholds an unjust decision.
  • Time-Sensitive Assistance – Appeals have strict filing deadlines, and our firm ensures all necessary documents are submitted on time.

Don’t navigate the appeals process alone. Contact our experienced immigration attorneys today to protect your rights and secure your future in the U.S.

Schedule a Consultation

Why Partner with Benach, Pitney, & Reilly Immigration?

  • Personalized Strategy: Each case receives a tailored approach based on specific circumstances.
  • Proven Track Record: Success in uniting families through immigration solutions.
  • Clear Communication: Regular updates and transparency throughout the legal process.
  • Dedicated Advocacy: Persistent efforts to achieve favorable case outcomes.
Schedule a Consultation

See What Our Clients Say About Us!