Appealing an Adverse Immigration Ruling

What are common adverse immigration rulings?

In Florida, common adverse immigration court decisions often involve denying business-focused visas or removal (deportation) orders. These decisions often include various factors such as ineligibility due to past criminal convictions, fraud, misrepresentation, and failure to maintain a valid visa status.

For example, an entrepreneur seeking an E-2 Treaty Investor visa could face denial if the investment was insufficient or the business did not create sufficient jobs for U.S. workers. In another case, an H-1B visa holder might face removal if they failed to maintain their employment or if their employer violated the terms of the visa.

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In Florida, which laws and regulations apply to appealing an adverse immigration ruling?

In Florida, appealing adverse immigration court decisions typically fall under the jurisdiction of the Board of Immigration Appeals (BIA), part of the U.S. Department of Justice. Appeals to the BIA follow federal regulations found in Title 8 of the Code of Federal Regulations (CFR). These regulations outline the procedures for filing an appeal, including deadlines, fees, and required documentation.

Additionally, the Immigration and Nationality Act (INA) provides much of the legal foundation for immigration law in the United States and can help determine eligibility for relief from removal.

What are the strategic benefits of appealing an adverse immigration ruling?

Effective navigation of immigration law enables the following for businesses:

• Preservation of legal rights: By appealing an adverse decision, businesses can protect their legal rights, and their employees have a fair chance to challenge the ruling.
• Potential reversal of the decision: An appeal can lead to a reversal of the initial decision, allowing the employee to continue working for the company and contributing to its growth.
• Creating legal precedent: Successfully appealing an adverse immigration court decision can make a legal precedent that may help other businesses facing similar issues.
• Demonstrating commitment to employees: By appealing an adverse decision, a company shows that it is committed to its employees and willing to fight for their rights, which can improve employee morale and loyalty.

When a set of facts is appropriate for legal intervention, there are many paths a claimant may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path to seek appropriate remedies.

To determine whether your unique situation may necessitate litigation or another form of specialized advocacy, please contact our office to set up your initial consultation.

What steps should counsel take to appeal an adverse immigration ruling effectively?

Advocates should consider the following:

• Thoroughly review the decision and identify errors: Legal counsel must carefully analyze the immigration court’s decision to pinpoint any errors of law or fact that may serve as the basis for an appeal.
• Research relevant case law and statutes: Counsel should review Florida and federal cases, statutes, codes, regulations, and secondary sources that support their argument for an appeal, ensuring that they are basing their argument on accurate and up-to-date information.
• Draft a persuasive brief: To convince the appellate court that the initial decision was incorrect, legal counsel must draft a well-organized and compelling brief, clearly outlining the legal arguments and relevant case law that support their position.
• Prepare for oral argument: If the appellate court grants an opportunity for oral argument, counsel should be ready to answer the judges’ questions and advocate for their client’s position clearly and convincingly.
• Maintain open communication with the client: Throughout the appeals process, legal counsel must keep their client informed of any developments and ensure they understand the possible outcomes and risks associated with the appeal.

Please contact our office to set up your initial consultation to see what forms of immigration law advocacy may be available for your unique situation.

Frequently Asked Questions

1. What is the deadline to appeal an adverse immigration court decision?

The deadline to file an appeal with the BIA is typically 30 days from the date of the immigration judge’s decision.

2. Can I continue to stay in the U.S. while my appeal is pending?

Yes, you are generally allowed to remain in the U.S. while your appeal is pending if you filed the appeal within the required time frame.

3. What happens if the BIA denies my appeal?

If the BIA denies your appeal, you may have the option to seek further review in the U.S. Court of Appeals for the appropriate circuit or, in some cases, the U.S. Supreme Court. However, the availability of further appeals depends on the specific circumstances of your case.

Have more questions about how immigration law may impact your business?

Crucially, this overview of appealing adverse immigration rulings does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain tireless advocates at every step. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to schedule a consultation.