Chicago Immigration Appeals Attorney
When your case is denied, it can feel like the door to the future you imagined has closed for good. But a denial is not always the final word. Through an immigration appeal, you may be able to ask a higher authority to review what happened, correct a mistake, or take new circumstances into account. For many applicants, that second look can make a world of difference. Deciding to undertake the appeals process, however, can be its own challenge.
A denial can shake your confidence, especially when you have already invested so much in the outcome of your case. A dedicated legal team can help bring steadiness back into the process. At Kriezelman Burton & Associates, LLC, our team has stood beside foreign nationals and their families at countless critical immigration crossroads, from initial applications to courtroom hearings and post-decision strategy. Our attorneys take the time to hear your full story, map out what your options actually look like, and determine a path forward that fits your specific situation.
Who We Assist
We help individuals and families explore appeals and related forms of immigration relief in a wide range of situations, including when:
- You believe an immigration judge got your case wrong or overlooked key details.
- You missed a hearing, and now you face an in absentia removal order.
- New evidence has surfaced, and you want to know if it could reopen your case.
- Your circumstances have changed in a way that meaningfully affects your case, like a new marriage, a medical condition, or shifting conditions in your home country.
- A recent policy change has affected a prior decision in your case.
- You are concerned that you are running out of time to respond.
- The Board of Immigration Appeals has denied your appeal, and you want to understand whether a federal court could review what happened.
If you are considering pursuing an appeal at any level, do not hesitate to reach out to our team so you do not miss any crucial deadlines.
All About Immigration Appeals
In many cases, an adverse decision made by an Immigration Judge may be appealed to the Board of Immigration Appeals. The Board of Immigration Appeals is an agency within the Department of Justice that reviews all appeals filed in Immigration Court. This appellate body has the power to review decisions of the Immigration Court and, in particular circumstances, of the Department of Homeland Security. The BIA is part of the Executive Office for Immigration Review, a division of the U.S. Department of Justice.
The Appeals Process: BIA and Federal Review
The appeal must be received by the Board of Immigration Appeals no later than 30 days after the Immigration Judge rules on the case. Once an appeal is filed, the foreign national has a chance to argue his or her case through a written legal brief but must comply with the deadlines issued by the Board. The brief must include all relevant facts and all legal arguments, with citation to the proper authority, in support of the person’s position. After the Board receives the written brief from each party, it issues a written decision either dismissing the appeal or remanding the case to the Immigration Judge for some additional action. These appeals can take up to two years or longer if the person is not in immigration custody, and the appealing individual is generally permitted to remain in the United States while it is pending.
In some cases, if the Board of Immigration Appeals denies the appeal, the case can be brought before a Federal Court of Appeals for further review. The Immigration & Nationality Act limits the types of cases and issues that may be brought before the Courts of Appeals. If available, the Petition for Review must be filed within 30 days of the Board’s decision. Failure to file the Petition for Review in a timely manner will result in the court being stripped of the ability to hear the case. Both the foreign national, through his or her attorney, and the Department of Homeland Security must submit written briefs arguing their position. In addition, the Court of Appeals may provide the opportunity for the attorneys from each side to argue the case orally before a three-member panel of judges. These are very formal proceedings and are bound by a strict set of rules.
What We Do to Support You
Our firm aggressively argues removal cases at all levels of the appellate process. We meet with our clients first to discuss at length the options and arguments available to them. From there, we review any and all other opportunities to secure a person’s stay in the United States in addition to filing an appeal. Our team has a proven track record of success in advocating for our clients, and we will do everything in our power to fight for your rights.
Why Trust Your Appeal to Us?
- Immigration Focus Since 1974: Our practice has always been fixed on immigration and nationality law, which means every attorney on our team brings focused, field-tested knowledge to your case.
- Decades of Legal Strategy: We have spent more than fifty years helping clients figure out what comes next after a difficult outcome, at the BIA, in federal court, and everywhere in between.
- Precise, Deadline-Driven Advocacy: BIA appeals, motions to reopen, and motions to reconsider all come with firm time limits. We move quickly and effectively so you do not lose options you still have.
- Legal Briefs That Make Your Case Heard: Appellate success often depends on how well the written argument is constructed. We build clear, well-grounded briefs that present your position as compellingly as the record allows.
- Attentive Throughout, Not Just at the Start: We stay present and responsive long after the first consultation, guiding you through every stage of your appeal.
Your Next Move Could Change Everything
All appeals have deadlines. If you do not file an appeal by the deadline, you will not have the opportunity to do so later. Therefore, it is important to act quickly if you wish to pursue an appeal on any denied case.
Kriezelman Burton & Associates, LLC has decades of experience handling cases before the Board of Immigration Appeals. We have argued cases ranging from asylum to visa petitions denied by the Department of Homeland Security in error. If you have a question regarding a case that you believe should be appealed, please contact our team to schedule an appointment.
FAQs About Immigration Appeals
In general, you can file an appeal when:
- An Immigration Judge issues an unfavorable decision in your case
- You believe legal or factual errors occurred during your proceedings
- You have new evidence or changed circumstances that may affect the outcome
An appeal must be received by the Board no more than 30 days after the Immigration Judge’s ruling. Missing this deadline bars your right to appeal.
The timeline for immigration appeals often depends on several factors, such as the complexity of the case, whether the individual is in immigration custody, the current BIA caseload and processing capacity, and the quality and completeness of submitted briefs.
Yes, in certain circumstances, BIA decisions may be appealed to federal courts through a Petition for Review within 30 days of the BIA decision. The Immigration & Nationality Act limits the types of cases and issues that federal courts may review; an immigration attorney can advise you on whether your particular case may be eligible for such review.
Filing a timely appeal typically permits you to remain in the United States during the appellate process, with some exceptions.
While not a requirement, professional legal representation is strongly recommended for immigration appeals due to their complexity. Attorney representation provides an understanding of immigration appeals, strategic case analysis, professional court preparation, timely filings, and exploration of alternative legal options as appropriate or needed.