Houston Immigration Appeals Lawyer
There are endless reasons why an immigration case may be won or lost on appeal. Immigration laws are extremely complex and constantly changing. A successful appeal requires an experienced immigration attorney who fully understands the appellate process. Once the immigration judge makes their decision, the appellate lawyer must prepare and present their case thoroughly and convincingly in order to overturn the denial. Immigration Attorney Craig L. Pena has many years of experience representing clients in immigration appeals and other areas of law. Attorney Pena offers a free consultation to discuss your particular case.
You Must Appeal in a Timely Manner
Once you have received the judge’s official decision, it is imperative to reserve your right to appeal. The time frame is brief: you must file your Notice of Appeal within 30 days of the decision or you will forfeit your right to appeal. The Notice of Appeal is sent to the Board of Immigration Appeals, also known as the BIA, which will respond with several items, including a briefing schedule. You will need to return this brief within a specific timeframe. It is highly advisable to obtain the legal expertise of an immigration attorney throughout the appeals process due to the complexity of the process as well as the potential consequences involved.
Motion to Reconsider and Motion to Reopen
There are reasons why it is extremely important to retain an immigration attorney in an appeal, as well as in immigration matters in general. Most people do not have the expertise or experience to understand the various procedures involved in immigration and appellate matters. For example, there are two important motions that may be utilized:
- Motion to reconsider: in brief, this motion argues that the USCIS misapplied the law or misinterpreted the facts, etc.
- Motion to reopen: often relies upon facts that were previously unavailable
Because Attorney Pena has three decades of experience and has represented thousands of clients over the years, he has a comprehensive understanding of the laws and procedures that apply to your case.
Contact Houston Immigration Attorney Craig L. Pena for a Free Case Evaluation
Attorney Pena offers a free case review where you can ask questions applicable to your particular case. This will give you the opportunity to review your options and to better understand how you may proceed. He is a member of numerous legal professional organizations, including the American Immigration Lawyers Association. He handles cases pertaining to visas, deportation defense, family and employer-based petitions and virtually all immigration-related cases. All of your questions are private and confidential. To schedule your free consultation, contact Craig L. Pena by calling 832-833-6595.