Waivers and Appeals
Waivers and Appeals
At the Law Offices of Rathi and Associates, we have put together a team of knowledgeable, experienced, and compassionate Waivers and Appeals Attorneys. There is no issue that we have not dealt with successfully in the past and we welcome all cases pertaining to appeals including civil case, immigration, hardship appeals and all other appeal and waiver-related issues.
If you have been ordered to leave the country, you have the right to appeal the immigration court’s decision to an administrative body called the Board of Immigration Appeals. The Board of Immigration Appeals is a 15-member panel, made up of judges within the US Department of Justice, that will review your case and render a decision. The board must actually receive your case within 30 days, counting weekends and holidays, from the date or the judge’s order. When they receive your appeal it is then time stamped. It is very important that your case is prepared properly and sent to the appeals board in an acceptable manner since late or incomplete submissions will not be accepted. Once the board receives your appeal they will send us a receipt.
Now more than ever, you need the assistance of a professional immigration appeals attorney like the ones at the Law Office of Rathi and Associates to help you file your appeal properly.
It is important that you stay in the US while your appeal is pending. If you leave your appeal will be cancelled.
The form that is required is Form EOIR-26 Notice of Appeal from a Decision of an Immigration Judge. In addition to properly filling out this form, we will prepare and submit a brief that supports the reasons that the immigration judge’s decision was in error and that you should be permitted to stay in the country. We will clearly and succinctly explain your case and site the arguments and laws that back us up. Only in rare cases will the BIA grant an in-person hearing. Most cases are done in writing and consist of a review as to the correctness of the judge’s decision after reviewing the court transcripts.
Although appealing the deportation decision of an immigration judge is straightforward, you need an immigration law firm with experience in such matters to help you as it is critical that we present your case in a timely manner and in the proper form. The legal brief we file will go a long way towards making your case to the Board of Immigration Appeals.