BIA Appeal Lawyer Serving Morris County, New Jersey
If your immigration case was denied by a judge in Newark Immigration Court, you have the right to appeal to the Board of Immigration Appeals (BIA). A BIA appeal lawyer Morris County from Law Offices Of SRIS, P.C. can challenge the legal errors in your removal order. The BIA appeal process is complex and has strict deadlines.
What Is a BIA Appeal in Morris County?
The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying U.S. immigration laws. When an Immigration Judge in Newark (which handles Morris County cases) issues an unfavorable decision in a removal, asylum, or cancellation of removal case, filing a BIA appeal is the next step. The appeal is governed by the Immigration and Nationality Act (8 U.S.C.) and the Code of Federal Regulations (8 C.F.R.).
Last verified: April 2026 | Superior Court of NJ, Morris Vicinage | USCIS Laws & Policy
Founded in 1997 by former prosecutor Mr. Sris, our firm has over 120 years of combined legal experience. Mr. Sris personally handles complex immigration appeals, applying his background in accounting and information systems to cases involving intricate legal and factual issues.
Official Immigration Resources
Understanding the official procedures is vital. The Executive Office for Immigration Review (EOIR) oversees the BIA. For the specific regulations governing appeals, refer to the Electronic Code of Federal Regulations, Title 8.
The BIA Appeal Process for Morris County Residents
An appeal to the BIA is not a new hearing; it is a review of the Immigration Judge’s legal decision based on the existing record. The key procedural fact for Morris County residents is that appeals from the Newark Immigration Court are filed directly with the BIA in Falls Church, Virginia. The Notice of Appeal (Form EOIR-26) must be received by the BIA within 30 calendar days of the Immigration Judge’s decision.
- File the Notice of Appeal: Complete and file Form EOIR-26 and the required fee (or fee waiver request) with the BIA within 30 days.
- Obtain the Transcript: Request a copy of the hearing transcript from the court reporter; the BIA will not proceed without it.
- Submit the Brief: You have 21 days after the transcript is filed to submit a legal brief arguing why the judge’s decision was wrong.
- Await the Government’s Response: The Department of Homeland Security (DHS) has an opportunity to file a response brief.
- BIA Decision: The BIA will review the briefs and record and issue a written decision, which can affirm, reverse, or remand the case.
- Further Appeal: If the BIA denies the appeal, you may petition for review in the U.S. Court of Appeals for the Third Circuit.
Why Choose Our BIA Appeal Lawyer in Morris County
Our firm’s deep experience is a key asset. Mr. Sris, the managing attorney, is a former prosecutor with a multi-state practice who accepts a limited number of complex cases to ensure strategic focus. His background in accounting provides a unique advantage in appeals involving financial evidence. The firm-wide record includes over 4,739 documented case results.
Results may vary. Prior results do not aim for a similar outcome.
Local Representation for Your Immigration Appeal
We serve clients throughout Morris County, including Morristown, Parsippany, Dover, Randolph, and Denville. If you are searching for a BIA appeal lawyer near me Morris County, our New Jersey location is accessible to you. We offer 24/7 phone consultations to discuss your appeal options.
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) 763-0383
By appointment only.
Frequently Asked Questions: BIA Appeals in Morris County
How long does a BIA appeal take?
It depends. Currently, BIA appeals take an average of 12 to 24 months for a decision. The timeline depends on case complexity, the BIA’s backlog, and whether any motions are filed. An experienced BIA appeal lawyer Morris County can help manage expectations and ensure your case moves forward efficiently.
Can I submit new evidence to the BIA?
No. The BIA’s review is limited to the evidence that was already in the record before the Immigration Judge. The appeal must be based on legal arguments that the judge made a mistake in applying the law to the existing facts. You cannot introduce new facts or documents at the BIA appeal stage.
What happens if the BIA denies my appeal?
If the BIA denies your appeal, you generally have 30 days to file a petition for review with the U.S. Court of Appeals for the Third Circuit. This shifts the case from the administrative immigration system to the federal court system. This is a highly technical process where having skilled appellate counsel is critical.
Is a BIA appeal lawyer expensive?
Seeking an affordable BIA appeal lawyer Morris County is a common concern. Immigration appeals require significant legal research and writing. Many firms, including ours, offer flexible payment plans because we understand the financial pressure clients face. The cost of an appeal is an investment in preserving your right to remain in the United States.
Can I stay in the U.S. while my BIA appeal is pending?
Yes. Filing a timely appeal to the BIA automatically stays (delays) your removal order. This means the government cannot deport you while the BIA is deciding your appeal. This automatic stay remains in effect until the BIA issues its final decision.
For more information on related legal matters in Morris County, see our pages on criminal defense and family law. For a broader view of our immigration practice, visit our New Jersey immigration hub. We also assist clients in neighboring areas like Hunterdon County and Somerset County.
Last verified: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance regarding your BIA appeal.