Federal Immigration Appeals Lawyer New York — Can You Appeal an Immigration Decision?
A negative immigration decision from USCIS or an Immigration Judge can be challenged. As a Federal Immigration Appeals Lawyer New York, Law Offices Of SRIS, P.C. represents clients before the Board of Immigration Appeals (BIA) and federal circuit courts. Federal immigration appeals are governed by the Immigration and Nationality Act (8 U.S.C.) and federal regulations. Our firm provides full representation for these complex legal challenges.
What Is a Federal Immigration Appeal?
When an immigration application is denied or an Immigration Judge orders removal, you may have the right to appeal. This process moves your case to a higher authority for review. The primary appellate body is the Board of Immigration Appeals (BIA). If the BIA denies your appeal, you may petition for review in a United States Court of Appeals. The strict deadlines and procedural rules make experienced counsel essential.
Last verified: April 2026 | New York County Supreme Court | USCIS Laws & Policy
Law Offices Of SRIS, P.C., founded in 1997 by former prosecutor Mr. Sris, brings a strategic approach to federal appeals. Our background includes handling cases with complex legal and factual issues requiring detailed appellate briefs.
Official Resources for Immigration Appeals
Understanding the official process is critical. These government resources provide the rules and procedures:
- Board of Immigration Appeals (BIA) – The official site for appeal forms, procedures, and practice manuals.
- United States Courts Locator – Find the federal circuit court with jurisdiction over your case.
The Federal Immigration Appeals Process in New York
- Case Evaluation: We review the denial order or removal decision to identify legal or factual errors that form grounds for appeal.
- Notice of Appeal: File the Form EOIR-26 or EOIR-29 (for USCIS denials) with the correct court or board before the deadline expires.
- Briefing: Draft and submit a legal brief arguing why the lower decision was incorrect, citing statutes, case law, and the administrative record.
- Agency Response: The opposing side (DHS attorneys) files a response brief arguing to uphold the original decision.
- Reply & Decision: We may file a reply brief, then await the BIA or federal court’s written decision, which can take many months.
- Further Action: If the appeal is granted, the case is often sent back for a new decision. If denied, options may include a motion to reconsider or a petition for review in federal court.
In New York, federal immigration appeals challenge decisions from USCIS or the New York Immigration Court, seeking reversal or remand based on legal error.
| Appeal Type | Governing Body | Typical Timeline | Key Consideration |
|---|---|---|---|
| BIA Appeal (from IJ) | Board of Immigration Appeals | 6 months to several years | Must show legal error or abuse of discretion. |
| USCIS AAO Appeal | USCIS Administrative Appeals Office | 6-12+ months | For certain denied petitions (I-140, I-129, I-130). |
| Federal Circuit Petition | U.S. Court of Appeals | 1-3+ years | Limited to review of final removal orders; cannot review factual findings. |
| Motion to Reopen/Reconsider | Immigration Judge or BIA | Varies | Strict deadlines (30/90 days) and must present new evidence or legal argument. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Immigration Appeal
Founded in 1997, Law Offices Of SRIS, P.C. operates with the principle of “Advocacy Without Borders.” Our attorneys combine over 120 years of legal experience. We have a documented record of handling complex immigration matters, including appeals where the stakes are highest. Mr. Sris, the firm’s founder, brings a former prosecutor’s analytical skill to dissecting decisions for appealable errors.
Our Approach to Immigration Appeals
We focus on building a strong appellate record from the start. A Federal Immigration Appeals Attorney New York from our team meticulously reviews the entire administrative record to identify every potential legal argument, from procedural errors to incorrect application of law. We understand that success on appeal often depends on the clarity and persuasiveness of the written brief.
Results may vary. Prior results do not aim for a similar outcome.
Federal Immigration Appeals Lawyer Near New York County (Manhattan)
Our New York location serves clients at New York County (Manhattan) courts and represents individuals in immigration appeals nationwide. We serve Manhattan communities including Midtown, Lower Manhattan, Upper East Side, Upper West Side, Harlem, Greenwich Village, SoHo, Tribeca, Chelsea, Hell’s Kitchen, East Village, Financial District, Chinatown, Washington Heights, and Inwood.
Law Offices Of SRIS, P.C.
New York Location — Buffalo/NY area
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
By appointment only.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Federal Immigration Appeals FAQs
What is the deadline to appeal an Immigration Judge’s decision?
Yes, 30 days. You have 30 calendar days from the date the Immigration Judge mails the decision to file a Notice of Appeal (Form EOIR-26) with the Board of Immigration Appeals. Missing this deadline is almost always fatal to your appeal.
Can I present new evidence in a BIA appeal?
It depends. The BIA generally does not accept new evidence. It reviews the case based on the existing record from the Immigration Court. To submit new evidence, you typically must file a separate Motion to Reopen with the Immigration Judge, which has its own strict deadlines and requirements.
What happens if the BIA denies my appeal?
If the BIA denies your appeal, you may file a Petition for Review with the appropriate United States Court of Appeals, usually within 30 days. This is a complex federal court proceeding that requires specific legal arguments about errors of law.
Can I appeal a denied green card application?
It depends on the basis. Many family-based (I-130) and employment-based (I-140) petition denials can be appealed to the USCIS Administrative Appeals Office (AAO). Denials of adjustment of status (I-485) applications filed with USCIS may also be appealable, depending on the grounds for denial.
How long does a federal immigration appeal take?
Timelines vary widely. A BIA appeal can take from several months to over two years. A petition for review in a U.S. Court of Appeals often takes one to three years or longer. The process is lengthy, and having legal status during the appeal depends on your specific circumstances.
Related Information: For other legal needs in New York County, see our pages on Criminal Defense and Family Law. For more immigration resources, visit our New York Immigration Lawyer hub. We also serve clients in nearby areas like Kings County (Brooklyn).
Page last verified: 2026-04. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance regarding your federal immigration appeal.
Under N.Y. Bus. Corp. Law § 101, state law governs this practice area.