In this video, we’re going to explain four of the most frequently asked questions about the BIA, otherwise known as the Board of Immigration Appeals.
1. What is the Board of Immigration Appeals?
The Board of Immigration Appeals is the highest administrative body for interpreting and applying the immigration laws. The BIA generally handles cases nationwide for decisions made by the immigration court, and also by the Department of Homeland Security.
2. How do you file a BIA appeal?
You start by filing with the Board of Immigration Appeals in the State of Virginia. And you’ll use form EOIR 26 to appeal a decision by an immigration judge. Now if you wish to appeal a decision of USCIS or the Department of Homeland Security, you could use a different form called EOIR 29.
3. When must I send the appeal?
You’ve got to send the appeal, or at least the notice of appeal, and have it arrive at the Board of Immigration Appeals within 30 calendar days of the immigration judge’s oral decision. Now if that decision was in writing it has to be within 30 days of when that was mailed to you. I cannot stress enough how important it is to file your notice in 30 days or less. It has to arrive on time or the appeal will be dismissed.
4. Will I have to go to the BIA court for my case?
Generally speaking, the BIA does not conduct any courtroom proceedings. It decides appeals by doing a paper review of all cases. On rare occasions, however, the BIA will grant oral arguments on some of the appealed cases.
Please feel free to call us with your immigration questions. Our office is committed to protecting your American Dream.
The increasingly complex and rapidly changing rules governing legal admission to and naturalization in the United States has made the immigration process difficult to understand. Mario Godoy and the other experienced immigration attorneys at the Godoy Law Office can assess your situation and advise you on your best options. Call today at 630-912-0322.