When an application or petition for immigration matters is denied or revoked, the party seeking approval of the application or petition is allowed to appeal the decision to the appropriate appellate body. When presented with an appeal, the appellate body may uphold, reverse, or remand the decision. Upholding the decision would mean that the the appellate body agrees with the original decision and is deciding not to change it.
Reversing the decision would mean that the appellate body disagrees with the original decision and is changing it. Remanding the decision means that the appellate body is neither upholding nor reversing the original decision, but is sending the matter back to the original reviewer for a second look and further action.
Time is Always of the Essence
The law places limits on how long individuals have to take action like file an appeal. In many matters of immigration law, a person has between 15 and 30 days to file an appeal following the original decision. Make no mistake about it, 15 to 30 days is not a lot of time when one considers the busy lifestyles that most people live. This is why a foreign citizen who is notified that an application or petition has been denied should immediately get in touch with qualified immigration legal counsel.
An experienced immigration attorney can take immediate steps to begin the appeal process in as timely and diligently a manner as possible. Plus, the more time that the attorney has to prepare a case on behalf of his or her client, the more likely that a stronger, more compelling argument will be made than if the attorney is expected to draft an appeal at the last minute.
Once the deadline for an appeal has passed, there is little that immigrants can do to fight a decision.
Not the End of the Line
Just because an application or petition has been denied by immigration officials, it does not mean that applicants and petitioners should give up all hope of ever reaching their immigration goals. In many cases, all that a person needs is the sound legal experience of qualified immigration counsel to convey the story and evidence that he or she wants to convey.
This can be difficult when the immigrant involved does not speak English or is unsure about his or her rights through the immigration legal system. Contrary to what many might think, foreign citizens do have rights in immigration court, and failing to understand these rights can be absolutely detrimental to the foreign citizen’s case.
Instead of giving up, immigrants are encouraged to remember why they wanted to enter the country in the first place and to seek out the advice of an attorney as quickly as possible. They might still have a chance at maintaining the life which they have built if they can get an attorney to review the facts of the case and draft an argument on the immigrant’s behalf before the deadline for filing an appeal has passed.