How Long Does It Take For The BIA To Make A Decision?

What color is the EOIR 33?

pinkIs Colored Paper Required?EOIR-26 (Notice of Appeal / Immigration Judge Decision)blueEOIR-26A (Appeal Fee Waiver Request)tanEOIR-27 (Notice of Appearance)yellowEOIR-29 (Notice of Appeal / DHS decision)pinkEOIR-33/BIA(Change of Address)pinkMar 16, 2011.

Can you appeal an immigration judge decision?

If you receive an unfavorable decision by an immigration judge while in removal proceedings, you have the right to appeal that decision. The appeal is normally filed with the Board of Immigration Appeals (BIA). … These documents must be received by the BIA within 30 days of the immigration judge’s final decision.

What is BIA court?

The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying immigration laws. … Most BIA decisions are subject to judicial review in the federal courts. The majority of appeals reaching the BIA involve orders of removal and applications for relief from removal.

What happens when you win an immigration appeal?

If your immigration appeal is successful If the Judge allows your appeal, his or her determination will be sent to the relevant visa section, which will in turn contact you. It can take up to 4 weeks for determinations to reach the relevant visa section, and a further 8 weeks for them to be processed.

Can you win a deportation case?

Winning a deportation case without an attorney is nearly impossible — especially if you are inexperienced in immigration law. One of the most important things in winning a deportation case is having an attorney who understands how to defend your rights.

Do you desire oral argument before the Board of Immigration Appeals?

Who can argue before the Board? Only parties, their representatives, or amicus curiae invited by the Board may present oral argument before the Board. A representative may present oral argument to the Board only if he or she has filed a Notice of Appearance (Form EOIR-27) prior to the time of oral argument.

What is EOIR 27?

Form EOIR-27 is titled as Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals. So, as the title indicates, it is used to notify the BIA a representative will appear on behalf of the alien.

Where can I find BIA decisions?

The Board of Immigration Appeals (BIA) BIA decisions may be appealed to the Federal courts. **BIA decisions since 2000 are available on the EOIR website (see below). Published decisions selected as precedent: Administrative Decisions under Immigration & Nationality Laws (I.

What are the chances of winning immigration appeal?

The Odds Of Winning Are Against You Only 35,000 to 40,000 – less than 20% – keep fighting to stay in the United States with their wife and children. Of the 35,000 to 40,000 who decide to fight the immigration court decision . . . . . . Only 10% win their appeals.

How do I file a BIA appeal?

The first step in filing an appeal of an IJ’s decision is the form EOIR-26 notice of appeal, which must be received by the BIA no more than 30 days after the IJ issues her decision. If the 30th day falls on a Saturday, Sunday, or federal holiday, then the EOIR-26 is due the next weekday. The EOIR-26 form is blue.

How much does an immigration appeal cost?

$675. You may pay the fee with a money order, personal check, or cashier’s check. When filing at a USCIS Lockbox facility, you may also pay by credit card using Form G-1450, Authorization for Credit Card Transactions.

What happens if my immigration appeal is denied?

As soon as the BIA issues its decision, the immigrant has 30 days to “petition” a Circuit Court of Appeals to review the Board’s decision. But keep in mind – during these 30 days the government can still deport you. … Because of this, it is important to move quickly after receiving the BIA’s decision.