BIA Appeal Lawyer Serving Bergen County, New Jersey
If your immigration case was denied by a Newark Immigration Court judge or USCIS, you have a limited time to appeal to the Board of Immigration Appeals (BIA). A BIA appeal lawyer Bergen County can file the Notice of Appeal (Form EOIR-26) and legal brief to challenge the decision. Law Offices Of SRIS, P.C.
What Is a BIA Appeal?
Last verified: April 2026 | Superior Court of NJ, Bergen Vicinage | U.S. Department of Justice
The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying U.S. immigration laws. It reviews appeals of decisions made by Immigration Judges and certain USCIS officers. An appeal is not a new hearing but a review of the legal record. The process is governed by the Immigration and Nationality Act (8 U.S.C.) and federal regulations (8 C.F.R.). Founded in 1997 by former prosecutor Mr. Sris, our firm understands the high stakes of federal immigration appeals.
Official Immigration Resources
For the official rules and procedures of the BIA, refer to the U.S. Department of Justice Executive Office for Immigration Review. To review the federal regulations governing appeals, see Title 8 of the Code of Federal Regulations.
The BIA Appeal Process for Bergen County Residents
For Bergen County residents, a denial from the Newark Immigration Court or the USCIS Newark Field Office starts the clock. You typically have 30 days to file a Notice of Appeal (Form EOIR-26) with the correct filing fee or fee waiver request. The key local procedural fact is that while your case is physically heard in Newark, the appeal is filed directly with the BIA in Falls Church, Virginia. The BIA does not accept new evidence; your appeal must be based on legal errors, incorrect application of law, or abuse of discretion by the judge.
- File the Notice of Appeal: Submit Form EOIR-26 and fee to the BIA within 30 days of the final order.
- Receive the Record of Proceedings: The Immigration Court will compile and send the complete file to the BIA.
- Submit the Legal Brief: You have 21 days after receiving the record to file a detailed brief arguing the legal errors.
- Await the BIA Decision: The BIA will review and issue a decision, which could affirm, reverse, remand, or dismiss the appeal.
- Consider Further Review: If the BIA denies the appeal, you may petition for review at the U.S. Court of Appeals.
Why Choose Our Firm for Your BIA Appeal
Founded in 1997, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex immigration matters. Our tagline, “Advocacy Without Borders,” reflects our commitment to clients in Bergen County and beyond. We focus on building a strong appellate record and crafting persuasive legal arguments for the BIA.
Our Approach to BIA Appeals
We analyze the Immigration Judge’s decision for legal errors, such as misapplication of asylum law, incorrect hardship findings, or procedural mistakes. Our team then drafts a focused brief for the BIA that cites relevant case law and statutes. We have a documented record of favorable outcomes in immigration cases firm-wide.
Results may vary. Prior results do not aim for a similar outcome.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (732) 763-0380
By appointment only.
Our New Jersey location serves clients throughout Bergen County. We are accessible via I-80, the NJ Turnpike, and Route 17. If you need an affordable BIA appeal lawyer Bergen County, we offer 24/7 phone consultations at (888) 437-7747—meetings are by appointment only. We serve communities including Hackensack, Fort Lee, Teaneck, Paramus, Englewood, Ridgewood, Fair Lawn, Bergenfield, Garfield, Mahwah, Ramsey, and Lyndhurst. For a BIA appeal lawyer near me Bergen County, contact our office.
BIA Appeal FAQs for Bergen County
How long do I have to appeal to the BIA?
You have 30 calendar days from the date the Immigration Judge mails the final decision to file a Notice of Appeal (Form EOIR-26) with the BIA. This deadline is strict.
Can I submit new evidence with my BIA appeal?
No. The BIA appeal is a review of the existing legal record from the Immigration Court. The Board generally does not accept new facts or evidence. Your appeal must be based on legal arguments about errors made in the prior proceeding.
What happens if the BIA denies my appeal?
If the BIA denies your appeal, the removal order becomes final. You may then have the option to file a petition for review with the appropriate U.S. Court of Appeals, typically within 30 days. You should consult a BIA appeal lawyer Bergen County immediately if you receive a denial.
How long does a BIA appeal take?
It depends on the BIA’s caseload. A decision can take anywhere from several months to over a year. During this time, you generally remain in the United States, and any removal order is stayed (put on hold) while the appeal is pending.
What is the difference between a Motion to Reopen and a BIA appeal?
A Motion to Reopen asks the Immigration Judge to reconsider based on new evidence. A BIA appeal asks a higher authority to review the legal correctness of the Judge’s decision based on the existing record. A BIA appeal lawyer Bergen County can advise which path is appropriate.
For more information on related services, see our New Jersey Immigration Lawyer hub page. We also assist with criminal defense in Bergen County and DUI defense in Bergen County.
Last verified: April 2026. Information current as of verification date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.