Immigration appeal process

Despite the difficulties, an immigration appeal process can be won in the US. However, there are certain factors to take into account. Here you will learn everything you need to know.

If you or a relative need help appealing an unfavorable immigration decision, our Los Angeles immigration lawyers at Lluis Law are at your service. 

You can contact our firm today so we can assist you.

What Is It And How Can You Win A US Immigration Appeal process In 2025?

An immigration appeal process is a request to have an unfavorable immigration decision reviewed by a different authority. You can appeal certain USCIS decisions to:

• The Administrative Appeals Office (AAO); either 
• The Board of Immigration Appeals (BIA).

You may be able to win an immigration appeal. However, to do so, it is essential to present strong arguments and evidence to support your case.

Note: Your notice of revocation or denial will inform you of the option to appeal the decision and where to file it.

How long do I have to file an appeal?

Generally, you must file an appeal within 30 days from the date the decision was made, not from the time you received it. 

Some cases, such as revocation of an approved petition, have a shorter deadline of 15 days. 

The decision you receive will indicate the exact time you have to appeal, and this time cannot be extended. However, if the decision is mailed to you, you are given an additional 3 days, making a total of 33 days for denials and 18 days for revocations.

What are the chances of winning an appeal?

The odds of winning an immigration appeal process are not very high. In fact, it is estimated that 8 out of 10 cases fail in court.

It should be noted that success rates vary by jurisdiction. In fact, civil appeals, especially in family cases, are more likely to be successful, with a rate of 50%.

Are you looking for a good lawyer to represent you in court? Our attorneys specialize in representation in Immigration court in Los Angeles. With us, the chances of success of an appeal are usually higher than average.

What are immigration appeal rights?

Immigration appeal rights allow you to request a review of an unfavorable decision before an appeals court. 

If your case has been rejected, it is key to act quickly to preserve these rights within the established time frame. 

Appeal rights vary depending on the type of denial issued by the US government. Due to the complexity and sensitivity of these rights, it is advisable to have an expert handle the appeal to the court or government agency.

Steps to request an immigration appeal

If you do not agree with the Immigration Judge’s decision, you can ask the BIA to review the decision to see if there were any errors. Below are the steps to request an immigration appeal:

1# Inform the Immigration Judge that you wish to appeal

When the judges issue their decision, they will ask if you want to appeal. The government will not deport you while you wait for a decision on your appeal. 

However, if you waive your right to appeal, the judge’s decision becomes final and you can be deported from the United States immediately. 

If the judge’s decision was in writing and sent by mail, the appeal will be automatic. Of course, you must still send a notice of appeal to the BIA.

2# Complete the notice of appeal (Form EOIR-26) 

Complete Form EOIR-26 in English and provide details explaining why you want to appeal the immigration judge’s decision. 

Enclose a check or money order payable to the United States Department of Justice for exactly $110. If you are unable to pay this fee, attach a fee waiver request (Form EOIR-26A) to the notice of appeal.

3# Send the original signed forms to the BIA

Send a copy of everything you send to BIA to the Department of Homeland Security (DHS) and keep a copy for yourself.

4# BIA must receive your Notice of Appeal within 30 days of the Immigration Judge’s decision

If the BIA does not receive your appeal by this deadline, the judge’s decision becomes final and you may be deported from the United States.

You may submit a brief or written statement to support your appeal. BIA will send you a copy of the transcript (a written copy of what was said at your hearing), the judge’s decision, and the deadline for you and DHS to file statements. 

You must submit your brief to BIA by the deadline and may respond to the DHS report if you wish. The BIA will mail you a decision once your case is resolved.

Types of immigration appeals in the United States

Appeal to the Board of Immigration Appeals (BIA)

If an immigrant receives a negative decision from an immigration court, they may have the right to appeal to the BIA. 

This appeal must be filed within 30 days of the unfavorable decision.

Appeal to the Ninth Circuit Court of Appeals

The request for review must be filed within 30 days of the final deportation order. 

The Ninth Circuit Court of Appeals can only review a final deportation order if the alien has exhausted all administrative paths available at that time. This court may also review adverse BIA decisions.

Appeals to the Appeals Office

The Administrative Appeals Office (AAO) may review certain negative decisions issued by USCIS. 

Appeals to AAO must be filed within 30 days of the USCIS denial.

Habeas corpus actions, APA and judicial mandate

These actions are filed in the US District Court. Additionally:

• Habeas corpus is used to help immigrants who have been detained for an excessive amount of time while their cases are pending;
• The injunction is used to help immigrants in situations where their case is stuck at an immigration agency;
• APA actions fall under the Administrative Procedure Act, which is a federal law that allows challenges to the arbitrary actions of an immigration agency.

Tips to know how you can win an immigration appeal process

To improve your chances of success in an immigration appeal, consider the following strategies:

File the appeal immediately

You must file your appeal within 30 days of the unfavorable decision. The opportunity to appeal begins on the date you receive the negative decision. 

If you delay, you may lose the opportunity to request a review with USCIS. 

An immigration attorney can help you file your appeal in a timely manner and gather supporting documents, ensuring your argument is clear and strong. 

Focus on the reasons for Denial

Please review the denial notice carefully to understand why your request was denied. Use this information to prepare your appeal and show USCIS that the reasons for the denial were invalid. 

For example, if the judge questions the credibility of the information provided, you may present additional evidence to confirm the accuracy of your claims. 

Your immigration attorney can help gather relevant evidence and plan the appeal to address the specific points of the denial.

Avoid mistakes

Sometimes immigration applications are rejected due to documentation errors. It is crucial to minimize these errors to avoid rejection of your appeal. 

Hiring an experienced immigration legal team can be beneficial as they will review and correct the appeal materials before submitting them to USCIS. 

A good attorney will thoroughly review all documents and ensure that they are properly completed.

Hire an immigration lawyer

An immigration attorney is well versed in the details of the process and will explore all options to reverse the initial decision. 

This professional will prepare a complete and compelling appeal, defending your interests and ensuring that your legal rights are protected. Your lawyer will be available to clarify any questions and support you every step of the way.

What happens if an appeal is lost?

If you lose an appeal, you can choose to accept deportation or try to file another request at a higher court. 

If the BIA rejects your case, you have the option of taking it to the Federal Circuit or the Supreme Court. However, if you do not wish to continue with the immigration appeal process, you can agree to deportation. 

If you choose deportation, you must appear at a certain time and place. If you do not do so, Immigration and Customs Enforcement (ICE) may proceed to detain you. For more information, review our blog: If ICE agents show up at your door.

Can I represent myself before the immigration appeals board?

Immigrants can represent themselves in an appeal. Of course, due to the strict rules and the need for detailed arguments, it is preferable to have an immigration attorney to handle the appeal.

What types of decisions can be appealed to the BIA?

You can appeal various immigration-related decisions to the BIA, the most common being:

• Deportation orders;
• Applications for exemption from deportation;
• Exclusion of foreigners seeking admission to the US;
• Petitions to classify the status of family members for preferential visas;
• Fines imposed on carriers for violations of immigration laws;
• Motions to reopen or reconsider previous decisions.

What can happen in an appeal?

In an appeal, the court reviews the trial court’s decision to determine whether there were errors in the application of the law. The process begins when:

• The appealing party (appellant) files a notice of appeal and a brief arguing why the decision should be reversed. 
• The other party (appellee) has the opportunity to respond with their own brief, and the appellant may submit a final response.
• The appeals court can decide the case based only on the briefs submitted or hear oral arguments from both sides.
• During these arguments, lawyers have limited time to make their points and answer questions from the judges.

The appeals court can uphold the court’s decision if it finds no significant legal errors, or can reverse it if it finds there was an error. 

If the decision is overturned, the case is usually returned to the trial court with specific instructions, such as holding a new trial or correcting the sentence.

How long does an immigration appeal review take?

After an initial review of your application, USCIS will inform you within up to 180 days if it reverses its decision. 

In some cases, USCIS may need more time, especially if they require additional information to complete their review.

Despite the time it may take, it is worth filing an appeal. In the best scenario, the original decision will be overturned, allowing you to receive the immigration benefits you requested.

How much does it cost to file an immigration appeal?

The cost to file an immigration appeal using Form I-290B is $800. 

This amount covers the submission of the form in various categories. Of course, some individuals may be eligible for a fee waiver.

What is a motion to reopen?

A motion to reopen is a request for the office that issued a negative decision to review it based on new facts that were not previously presented.

These new facts must be relevant and supported by evidence. It can also be submitted if the application was denied due to abandonment, provided it is demonstrated that:

• The evidence requested was not relevant;
• The required initial evidence was submitted along with the application or petition;
• Complied with the request for appearance or additional evidence within the allotted time frame; either
• The request for evidence or appearance was not sent to the address on file.

What is a motion to reconsider?

A motion to reconsider is a request for the office that issued an unfavorable decision to review its ruling due to an incorrect application of law or policy.

The motion must show that the decision was erroneous based on the evidence that was in the record at the time. 

When you file the motion, you must show that the decision was based on an incorrect application of the law. Unlike a motion to reopen, no new facts or evidence are taken into account in a motion to reconsider.

How to file a motion?

Most motions are filed with Form I-290B and paying the appropriate fee. 

If a different form is needed, the denial notice will indicate this. Additionally, the motion must be filed within 30 days of the decision. 

Note: For asylum decisions in the United States, you do not need to use Form I-290B or pay the fee. 

Frequently asked questions about whether you can win an immigration appeal

What can I do if my motion is denied or dismissed?

If your motion is denied or dismissed, you can take the following actions:

• You may appeal a decision on a motion only if the original decision was appealable to AAO, in accordance with 8 CFR 103.5(a)(6).
• If an asylum office denies or dismisses your motion arising from a case with a final denial, you can file a new Form I-589. 

Note: Asylum applications must be submitted directly to the appropriate asylum office, as USCIS service centers cannot accept new asylum applications in previously denied cases.

Are there fee exemptions when filing a motion?

There are fee exemptions when filing a motion in specific cases. However, a fee is not required for motions related to the denial of certain immigration relief. For example: 

• Young special immigrants (Special Immigrant Juvenile Status); 
• Victims of human trafficking and other serious crimes;
• Cases under the Violence Against Women Act (VAWA). 

To determine if your motion qualifies for a fee waiver, check the Form I-290B fees. If your motion is fee-waived, you will not need to file Form I-912.

Where do I file an immigration appeal?

The denial or revocation notice you receive will tell you which form to use to make your appeal. 

You can find details about where to submit your appeal on the Form I-290B Direct Filing Addresses page .

What is the difference between an appeal and a motion?

The main difference is that, in an appeal, you ask a higher authority to review the case and issue a new decision. 

Instead, with a motion, you ask the same authority that made the original decision to reevaluate it, with or without new evidence.

How many times can a case be appealed?

Whether you can appeal a case depends on several factors. For example, most of the time you can only appeal to the higher court that decided the case.

In certain cases, appeals do not reach the appeals court, but are filed directly with the Supreme Court. 

Lawyers in Los Angeles for your immigration appeal process

Now that you know if you can win an immigration appeal, it is key that you obtain help from experienced attorneys. 

For more information about your immigration appeal process or motions, please do not hesitate to contact our firm.

With more than 50 years of combined experience, David and Ramiro have helped hundreds of immigrants with their immigration appeals.