Your Immigration Team in the Nation’s Capital
Appealing Case Denials
Deutsch, Killea and Eapen can assist with your attempt to turn around a case denial. USCIS officers or Immigration Judges sometimes make decisions that we regard as incorrect, i.e., contrary to the law or the facts. In such a case, we can file a Request for Reconsideration, or an appeal. There are several offices or courts to which a case may sometimes be appealed:
- The Administrative Appeals Office (AAO) of the USCIS. This office reviews decisions in some kinds of cases, such as U.S. H1B petitions, and can change the original decision.
- The Board of Immigration Appeals (BIA), which is part of the Department of Justice. This office reviews decisions of the immigration judges, and some decisions of USCIS, such as relative petitions.
- The U.S. Circuit Courts of Appeals review BIA decisions in many circumstances.
- On rare occasions, a case may merit an appeal to the U.S. Supreme Court.
We strive to avoid the need for appeals, by providing the best quality work from the beginning. However, when needed, we have handled appeals successfully. Although Deutsch, Killea and Eapen is based in Washington, DC, appeals are handled through the mails and online, so we represent clients nationwide.
Case Inquiries – Expediting Delayed Cases
On occasion, an immigration case takes way too long, or seems to have disappeared into a “black hole.” We know how to address such problems by taking a range of steps, including, in progressively more aggressive order:
- Advising a client to do nothing, since the delay can actually be advantageous in certain situations.
- Entering an appearance as attorney in the pending case, then writing and/or visiting US CIS to inquire about it.
- Contacting the office of the client’s Senator or Congressional Representative, and requesting them to make a “congressional inquiry” to US CIS.
- Requesting the American Immigration Lawyers Association liaison to contact US CIS on our behalf, which frequently results in case action.
- Contacting US CIS to ask them to expedite (in the case of an emergency necessitating quicker resolution of an immigration case).
- Finally, recommending filing of a lawsuit with the federal Court, requesting the Court to order US CIS to issue its case decision – a Court will not order CIS to approve a case, but only to take action. This is a very effective way to force CIS to take action on a long-pending immigration application.