Asylum Appeals Services
Victoria Barr Law provides expert legal representation for individuals appealing denied asylum applications, ensuring a fair review of their cases before U.S. immigration courts.
Related Deportation Defense Services
What Are Asylum Appeals?
An asylum appeal is a legal process for individuals whose asylum applications have been denied by USCIS or an immigration judge. The appeal allows for a case review, either through the Board of Immigration Appeals (BIA) or federal court, offering another opportunity to secure asylum protection in the U.S.
Who Can File an Asylum Appeal?
- Denied Asylum Applicants: Individuals whose initial asylum applications were denied.
- Applicants in Removal Proceedings: Those issued removal orders after asylum denial.
- Appeal Deadline: Appeals must be filed within 30 days of the denial decision.
Required Documents for Asylum Appeals
- Completed Form EOIR-26 (Notice of Appeal)
- Copy of the asylum denial decision
- Supporting evidence and new documentation
- Legal brief explaining the grounds for appeal
- Witness statements and expert testimony (if applicable)
Asylum Appeal Process
- File the Appeal: Submit Form EOIR-26 with a detailed legal brief explaining the asylum denial errors.
- Receive Case Number: The BIA or federal court assigns a case number and schedules the review.
- Submit Additional Evidence: Submit additional supporting evidence and witness declarations.
- Case Review: The appellate body reviews legal arguments and supporting documents.
- Receive Decision: The appellate court issues a decision, which may affirm, reverse, or remand the case.
Why Choose Victoria Barr Law?
- Asylum Appeal Experts: We specialize in preparing detailed asylum appeals with compelling legal arguments.
- Comprehensive Case Review: We conduct in-depth evaluations of previous asylum denials to identify legal errors.
- Legal Representation: We represent clients throughout the entire appeals process, including hearings and legal filings.
- Bilingual Legal Services: We offer services in English and Spanish for accessible legal support and clear communication.
Appeal Your Asylum Case Today
Our experienced attorneys are ready to represent you in asylum appeals. Contact us for a personalized consultation today.
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Frequently Asked Questions About Asylum Appeals
An asylum appeal is a request to have a higher authority, such as the Board of Immigration Appeals (BIA), review and overturn a denial of an asylum application by an immigration judge.
To file an appeal, submit Form EOIR-26 to the Board of Immigration Appeals (BIA) within 30 days of the immigration judge’s decision, along with the appropriate filing fee or a fee waiver request.
Yes, filing a timely appeal generally puts a hold on deportation while the BIA reviews your case. You are allowed to remain in the U.S. during this time.
The BIA usually takes between 6 to 12 months to make a decision, but it may take longer depending on the complexity of the case and the current caseload.
If your appeal is denied, you may file a petition for review with the federal court of appeals. Consulting an experienced immigration attorney is highly recommended for this step.
No, the BIA generally does not accept new evidence. However, you can file a motion to reopen your case if new evidence becomes available that could change the outcome.
An attorney can prepare a strong legal argument, ensure deadlines are met, draft briefs for the BIA, and represent you in federal court if necessary.
Yes, there is a filing fee for Form EOIR-26, but a fee waiver may be requested if you can demonstrate financial hardship.
If you previously received work authorization, it can remain valid while your appeal is pending. You may also renew it if necessary.
Missing the appeal deadline can result in your deportation order becoming final. You should immediately contact an attorney to explore options like motions to reopen.