Board of Immigration Appeals (BIA) Appeals
If you’ve lost a case in immigration court, we can file an appeal with the BIA to challenge the decision and fight for your legal status.
The Board of Immigration Appeals is the highest administrative court for U.S. immigration cases. It reviews decisions made by immigration judges and certain USCIS officers. A successful appeal to the BIA can overturn a deportation order, grant relief, or send the case back for a new hearing.
You must file Form EOIR‑26 with the BIA within 30 days of the immigration judge’s written decision. Missing the deadline will likely forfeit your right to appeal. A motion to reopen or reconsider has the same 30‑day limit, unless you qualify for an exception.
An immigration appeal asks the BIA to review the judge’s legal conclusions. A motion to reopen presents new facts or evidence that was not available at the original hearing, while a motion to reconsider argues that the judge misapplied the law or precedent.
Processing times vary, but most BIA immigration appeal decisions take 6 to 18 months. Complex cases or briefing extensions can lengthen the timeline. Your attorney can request expedited review in urgent situations.
While not legally required, hiring an immigration appeals lawyer is highly recommended. The BIA has strict filing rules, page limits, and legal standards; professional representation greatly improves your chances of success.
A denial doesn’t always mean the end of your immigration journey. Many cases can be appealed or reopened, giving you a second chance to fight for legal status. Whether you’ve been denied a visa, green card, asylum, or another immigration benefit, our experienced attorneys can evaluate your options and build a strong case for reconsideration.
A denial isn’t always final. Let us help you explore your appeal options and fight for your legal status.
