Charlotte NC Immigration Appeals

Overcome Immigration Setbacks and Protect Your Family’s Future

Imagine living in Charlotte, North Carolina, and receiving a letter from USCIS or the Immigration Court. You open it, hoping for good news, but instead, it’s a denial of your immigration application or petition. A negative immigration decision can disrupt your life and plans. It’s not just about paperwork; it affects your family, job, and future. But don’t lose hope. There is a way to challenge this decision: the immigration appeals process.

Immigration appeals allow you to fight against an unfavorable decision. By working with a skilled Charlotte immigration attorney, you can improve your chances of success. These attorneys understand the complex rules and can guide you through each step. They can help you gather new evidence, prepare strong arguments, and present your case effectively.

Short Summary:

  • Immigration Appeals  are legal recourse to challenge denials of immigration applications. 
  • Immigration appeals allow you to challenge negative immigration decisions.
  • Visa applications can be denied for missing deadlines, wrong information, lacking documents, or not meeting eligibility criteria. Ineligibility can stem from weak home country ties, a criminal record, health issues, or security concerns.
  • In North Carolina, you can appeal immigration judge rulings through the Board of Immigration Appeals (BIA). Appeals for USCIS visa application decisions go through the Administrative Appeals Office (AAO).
  • Grounds for appealing an immigration decision include procedural errors, new evidence, and legal errors

What Are Immigration Appeals?

If your application for a visa, green cards or asylum was denied, you don’t have to give up. Immigration appeals allow you to challenge the decision and present new evidence to argue for your eligibility.

What Are the Common Reasons for Visa Denials?

Don’t get discouraged if your visa application gets denied. There are common reasons for these denials, and understanding them can help you with an appeal.

  • Missed Filing Deadlines: Failing to submit the visa application or required documents within the specified time frame can lead to a denial.
  • Incorrect Information: Providing incorrect or incomplete information on the visa application can result in a denial. This includes errors in personal details, travel history, or other relevant information.
  • Insufficient Supporting Documents: Not providing the necessary supporting documents, such as proof of financial stability, ties to the home country, or other required evidence, can lead to a visa denial.
  • Wrong Visa Category: Applying for the wrong type of visa for your situation can result in a denial. Each visa category has specific requirements and purposes, and applying under the incorrect category can lead to rejection.
  • Ineligibility Under U.S. Law: Various sections of the Immigration and Nationality Act (INA) outline grounds for ineligibility, such as:
    • Section 214(b): Failure to demonstrate strong ties to the home country, indicating potential immigrant intent for nonimmigrant visa applicants.
    • Section 221(g): Missing information or documents required to determine eligibility.
    • Section 212(a)(4): Likelihood of becoming a public charge, meaning the applicant may become primarily dependent on the U.S. government for financial support.
    • Section 212(a)(6)(C)(i): Fraud or misrepresentation of material facts in the visa application process.
    • Section 212(a)(9)(B)(i): Unlawful presence in the United States, which can result in a bar from re-entry for a specified period.
  • Criminal Activities: Past or current involvement in criminal activities, including drug-related offenses, can make an applicant ineligible for a visa.
  • Health-Related Grounds: Certain health conditions, such as infectious diseases or lack of required vaccinations, can lead to visa denial.
  • Security Concerns: Suspected involvement in activities that pose a security risk to the United States, such as terrorism or espionage, can result in a visa denial.

If your visa gets denied for any of these reasons, you can appeal the decision. By addressing the problem and providing new evidence, you may be able to get your application approved.

What is The Immigration Appeals Process?

In North Carolina, the immigration appeals process primarily involves two main avenues: the Board of Immigration Appeals (BIA) and the Administrative Appeals Office (AAO). Here is an overview of each process:

Board of Immigration Appeals (BIA)

The BIA is the highest administrative body for interpreting and applying immigration laws in the United States. It reviews decisions made by Immigration Judges and certain Department of Homeland Security (DHS) decisions.

The process includes:

  1. Notice of Appeal: To appeal a decision made by an Immigration Judge, you must file a Notice of Appeal (Form EOIR-26) within 30 days of the decision.
  2. Supporting Documentation: Along with the Notice of Appeal, you may submit a supporting brief to present your arguments and legal basis for the appeal.
  3. Review: The BIA typically conducts a “paper review” of the case, meaning it reviews the written record and legal briefs without holding a courtroom proceeding.
  4. Decision: The BIA can dismiss or sustain the appeal, remand the case back to the Immigration Judge, or refer the case to the Attorney General for a decision.

Administrative Appeals Office (AAO)

The AAO handles appeals of certain decisions made by U.S. Citizenship and Immigration Services (USCIS), such as family-based visa petitions and employment-based applications.

The process includes:

  1. Initial Review: Appeals first undergo an initial review at the USCIS field office that issued the negative decision. If the field office does not take favorable action, it forwards the appeal to the AAO.
  2. Notice of Transfer: You will receive a Notice of Transfer to the AAO if the field office forwards your appeal.
  3. Review: The AAO reviews the record of proceedings and any legal arguments presented in the appeal. This process can take several months due to the AAO’s caseload and the complexity of cases.
  4. Decision: The AAO can either sustain or dismiss the appeal. If the appeal is dismissed, the original decision stands.

Grounds for Appealing an Immigration Decision

If you’ve received a negative immigration decision, there are several grounds on which you can base your appeal. Understanding these grounds is crucial to building a strong case. Here are the common reasons for appealing an immigration decision:

  • Procedural Errors: Mistakes made by USCIS or the Immigration Court during processing (e.g., missing evidence, improper notice).
  • New Evidence: Information that wasn’t available during the initial decision, potentially strengthening your case.
  • Legal Errors: Misinterpretation of immigration laws or incorrect legal reasoning by the decision-maker.

Why Do I Need an Immigration Attorney in Charlotte, North Carolina?

Negative immigration decisions can be difficult and complicated. An experienced Charlotte immigration attorney can boost your appeal. An attorney can guide you through this complicated process:

  • Evaluate Your Case: Attorney assesses denial reasons and decides on BIA appeal or federal court review.
  • Gather and Present New Evidence: Attorney helps find and present new documents, expert testimony, or other proof.
  • Prepare a Strong Legal Brief: Attorney drafts a persuasive brief highlighting procedural issues, legal points, and new information.
  • Represent You Before the BIA or in Federal Court: Attorney argues your case and addresses questions, enhancing chances of success.
  • Negotiate with USCIS: Attorney may negotiate to resolve issues without an appeal, offering a faster resolution.
  • Keep You Informed: Attorney updates you on the case, explaining each stage and setting expectations.

Navigate Immigration Appeals with a Trusted Immigration Appeal Attorney in Charlotte

Facing an unfavorable immigration decision can be disheartening, but it’s crucial to remember that you still have options. Seeking legal help is the first step toward fighting for your desired immigration outcome. A trusted immigration attorney from the Law Office of Jack G. Lezman, PLLC can guide you through the appeals process, help you understand your rights, and work tirelessly to overturn the negative decision. Don’t give up on your immigration goals—professional legal assistance can make all the difference.

If you’ve received an unfavorable immigration decision in Charlotte, NC, contact our immigration attorneys today for a consultation. We can help you understand your appeal options and fight for a positive outcome. Call us to schedule your free consultation. Let us assist you in achieving your immigration goals and securing a brighter future.

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