Receiving a denial on your immigration petition can be devastating. Whether you're seeking a
green card, asylum, a visa extension, or relief from removal, a denial can feel like the end of the road. But it’s important to understand that a denial is not necessarily final. In many cases, you have the legal right to file an appeal or motion to challenge the decision and the attorneys at Bartell, Georgalas & Juarez are here to help you do just that.
With offices in Independence, Columbus, and Oxford, Ohio, our immigration appeal attorneys have successfully represented clients at all levels of the immigration appeals process. From motions to reopen to full appeals before the Board of Immigration Appeals (BIA), we understand the complex legal standards that apply and know how to build a strong case in your defense.
If your
immigration case was denied or your loved one is facing removal, don’t give up hope. The appeals process can offer a powerful second chance, especially when handled by an experienced legal team.
At Bartell, Georgalas & Juarez, we’ll review your case, explain your rights, and aggressively pursue every available legal remedy to protect your future.
Why Was My Petition Denied?
Understanding why your immigration application or petition was denied is the first step in preparing a successful appeal. The U.S. Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE), or an immigration judge may deny a petition for a wide variety of reasons, some of which are correctable with additional documentation or clarification.
Common reasons for immigration denials:
- Incomplete or Inaccurate Forms: Missing information, inconsistencies, or incorrect form selection can lead to an automatic denial.
- Lack of Supporting Evidence: Failure to submit adequate documentation (e.g., proof of relationship, financial support, employment, or continuous residence) may result in rejection.
- Missed Deadlines: Filing after the deadline or responding late to a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) can lead to case closure.
- Criminal History: Certain criminal convictions, especially those involving moral turpitude, controlled substances, or fraud, can result in inadmissibility or deportability.
- Public Charge Grounds: If USCIS determines that an applicant is likely to become a public charge (dependent on government benefits), the petition may be denied.
- Lack of Jurisdiction or Eligibility: The petitioner or applicant may not fall within the legal category required for the specific immigration benefit.
- Fraud or Misrepresentation: Any perceived dishonesty on forms or during interviews can trigger a denial and bar from future immigration benefits.
- Failure to Appear at a Hearing: If you or your sponsor fail to attend a scheduled interview or court hearing, your case may be denied or ordered closed.
In many cases, a denial doesn’t mean that you were permanently disqualified; it may simply mean that additional clarification, documentation, or legal argument is needed. Our Cleveland immigration attorneys will analyze your denial notice and help determine whether an appeal, motion to reopen, or other remedy is appropriate.
How Can I File an Appeal for an Immigration Ruling?
If your application or petition has been denied, or if an immigration judge has issued a removal order, you may have the right to appeal that decision. The appeals process is highly technical, and each case must follow the correct procedures within strict timelines. Most appeals in immigration cases are filed with the Board of Immigration Appeals (BIA), though some matters may be handled by the Administrative Appeals Office (AAO) or in federal court.
Appealing to the Board of Immigration Appeals (BIA)
The BIA is the highest administrative body for interpreting and applying immigration laws. It reviews decisions made by immigration judges and certain USCIS determinations.
What kinds of cases can be appealed to the BIA?
- Deportation (removal) orders
- Denials of asylum or cancellation of removal
- Bond decisions
- Motions to reopen or reconsider
- Other adverse decisions by immigration courts
Steps in the BIA Appeals Process:
- File a Notice of Appeal (Form EOIR-26): This form must be submitted within 30 days of the decision being appealed. Failure to meet this deadline typically results in the loss of your right to appeal.
- Submit Written Briefs and Evidence: After the appeal is accepted, the appellant may be given time to submit legal arguments, supporting documentation, and transcripts from the original hearing.
- Await the BIA’s Decision: The BIA will review the record and issue a written decision. This may take several months depending on the case complexity and volume of appeals pending.
- Further Appeals to Federal Court: If the BIA denies your appeal, you may have the option to file a petition for review with the appropriate U.S. Circuit Court of Appeals. These appeals are complex and require in-depth legal brief writing and federal court experience.
Motions to Reopen or Reconsider
If you do not wish to file a formal appeal or missed the 30-day window, you may still file a motion to reopen or a motion to reconsider your case:
- Motion to Reopen: Based on new evidence or changed circumstances not available at the time of the original hearing.
- Motion to Reconsider: Argues that the original decision was legally or factually incorrect based on the record as it stood at the time.
These motions must be filed within 30 days of the decision (or later in limited circumstances) and are subject to strict requirements. An experienced Cleveland immigration appeals attorney can help determine which option best fits your case.
Common Types of Immigration Cases We Appeal
At Bartell, Georgalas & Juarez, we represent clients in a wide range of immigration appeals, each with its own legal standards, evidence requirements, and procedural rules. With decades of combined experience, our Cleveland attorneys know how to build strong, strategic cases to challenge denials and protect your legal rights.
Here are some of the most common types of cases we handle on appeal:
- Green Card Denials: Family-based and employment-based green card applications may be denied for reasons such as lack of evidence, failure to establish eligibility, or administrative errors. We help clients appeal these decisions or refile with a stronger case.
- Asylum Rejections: If your asylum claim has been denied, we can appeal the ruling to the BIA or, in some cases, to a federal appellate court. We often assist with gathering supplemental evidence and correcting issues in the original application.
- Deportation and Removal Orders: We regularly represent clients who are fighting removal from the United States. This includes appealing orders from immigration judges or requesting stays of removal while an appeal is pending.
- Waiver Denials: I-601, I-601A, and other hardship waivers may be denied for insufficient documentation or legal grounds. We help clients challenge these decisions and present more compelling evidence of hardship or rehabilitation.
- Adjustment of Status Denials: If your adjustment of status was denied due to inadmissibility, legal errors, or discretionary concerns, we can help you appeal or reopen the case.
- Bond Decisions: For detained immigrants, we assist in appealing bond denials or excessive bond amounts to secure release from ICE custody.
Each appeal is different. We evaluate your specific case, explain your legal options, and tailor a strategy focused on the most favorable outcome possible.
How Long Does the Immigration Appeals Process Take?
One of the most common questions we hear from clients is, “How long will the appeals process take?” While every case is different, having a realistic understanding of the timeline can help you plan ahead and avoid unnecessary stress.
Board of Immigration Appeals (BIA)
For most immigration court decisions, appeals are filed with the Board of Immigration Appeals. On average, a BIA appeal takes anywhere from 6 months to over a year to be decided. The timeline can be affected by:
- The complexity of your case
- The volume of pending appeals
- Whether written briefs are submitted
- The need for additional documentation or legal argument
In some urgent situations, such as detention or deportation, motions for expedited review may be available, but they are rarely granted without compelling justification.
Motions to Reopen or Reconsider
If you are filing a motion to reopen based on new evidence or a motion to reconsider due to a legal error, processing times can vary widely. These motions often take several months, and the court may deny or delay them if not supported by detailed documentation and strong legal arguments.
Federal Appeals
If your case advances to the U.S. Circuit Court of Appeals, you can expect a longer timeline, often 12 to 18 months or more, depending on the court’s docket and the complexity of the legal issues involved.
At Bartell, Georgalas & Juarez, we make it a priority to keep our clients informed at every stage of the process. While we can’t control court schedules, we ensure that your appeal is filed promptly, thoroughly prepared, and supported with compelling legal arguments. We are with you every step of the way to provide guidance, updates, and strong representation as your case progresses.
How Can a Cleveland Immigration Attorney Help With Your Appeal?
Immigration appeals are complex, time-sensitive, and deeply consequential. Whether you are challenging a green card denial, asylum rejection, or deportation order, working with an experienced attorney offers the best chance of success. At Bartell, Georgalas & Juarez, we provide skilled, aggressive, and personalized representation in immigration appeals at every level, from motions and administrative appeals to federal litigation.
Why Legal Representation Matters:
- Procedural Accuracy: Immigration appeals require strict compliance with timelines and procedural rules. A single mistake like missing a deadline, filing the wrong form, or mislabeling a document can result in the forfeiture of your right to appeal. Our Cleveland attorneys, admitted in multiple federal circuits (including the 2nd, 5th, 6th, and 7th), ensure that all filings are accurate, complete, and timely.
- Legal Argument Development: Appeals demand more than repetition of your original application. We analyze the rationale behind your denial and craft compelling legal briefs that address those specific issues, citing relevant statutes, regulations, and case law.
- Evidence Review and Supplementation: Our team thoroughly reviews your entire case file to identify gaps or weaknesses. We work to gather additional evidence, such as expert affidavits, new documentation, or updated legal analysis, to bolster your appeal.
- Courtroom and Written Advocacy: Whether appearing before the Board of Immigration Appeals (BIA) or filing a petition to a federal appellate court, our Cleveland attorneys excel in persuasive written advocacy and effective oral presentations when required.
What to Look for in a Cleveland Immigration Appeals Attorney:
- Experience in handling both BIA and federal court appeals
- Strong legal writing, persuasive argumentation, and thorough research
- Deep understanding of immigration law, including deportation defense and waiver procedures
- Personalized and responsive service attuned to your unique case
- A proven record of guiding clients through complex and high-stakes appeal processes
Our Cleveland-based immigration firm brings extensive experience handling a wide range of immigration matters for individuals and families from Asia, South America, Europe, and regions across the globe.
With decades of combined experience and a proven track record in immigration appeals, our Cleveland-based team is committed to helping you protect your rights and future. At Bartell, Georgalas & Juarez, you’re not just getting legal assistance; you’re gaining dedicated advocates who understand what’s on the line and will fight for your case every step of the way.
Beyond assisting clients with employment-based immigration matters, Bartell, Georgalas & Juarez delivers trusted legal counsel across the full spectrum of immigration law. We proudly serve individuals and families in Cleveland, Ohio and throughout the region, offering personalized strategies to address urgent concerns and long-term goals in areas such as:
Whether you're facing removal proceedings, applying for lawful permanent residency, or seeking humanitarian protection, our Cleveland attorneys are prepared to stand by your side with skilled representation and unwavering support. No matter how complex your situation may seem, we are committed to finding a path forward.
Contact Bartell, Georgalas & Juarez Today for Immediate Help in Cleveland
If you’ve received an immigration denial or removal order, you don’t have to face it alone. The attorneys at Bartell, Georgalas & Juarez are here to help you understand your rights, evaluate your options, and pursue every available legal remedy. With offices in Columbus, Oxford, and Independence, Ohio, we represent clients locally in Cleveland and nationwide in high-stakes immigration appeals.
Our Cleveland team is available 24/7 for urgent matters and offers free consultations to help you get started. Whether you need to file a BIA appeal, reopen your case, or challenge a decision in federal court, we are here to guide you every step of the way.
