BIA Appeals Lawyer Serving Somerset County, New Jersey
If your immigration case was denied by a New Jersey Immigration Judge or USCIS, you have the right to appeal to the Board of Immigration Appeals (BIA). A BIA appeals lawyer Somerset County from Law Offices Of SRIS, P.C. can challenge the decision.
Understanding BIA Appeals in New Jersey
An appeal to the Board of Immigration Appeals (BIA) is a critical step when an Immigration Judge or a USCIS officer issues an unfavorable decision in your case. The BIA is the highest administrative body for interpreting and applying U.S. immigration laws. It reviews decisions from Immigration Courts and certain USCIS rulings. The process is governed by federal regulations under Title 8 of the Code of Federal Regulations (8 C.F.R.).
Last verified: April 2026 | Superior Court of NJ, Somerset Vicinage | 8 C.F.R. (official eCFR)
Founded in 1997 by former prosecutor Mr. Sris, our firm brings extensive experience in federal immigration appellate procedures. The BIA appeal process is highly technical, with strict deadlines and procedural rules. Missing a filing deadline or failing to properly articulate legal arguments can result in the dismissal of your appeal, often ending your case.
Official Immigration Resources
It is important to reference official government sources for appeal procedures and legal standards. The Executive Office for Immigration Review (EOIR) provides the governing rules and practice manuals. You can review the BIA’s official page at the U.S. Department of Justice for current information. For local court procedures, the Superior Court of New Jersey, Somerset Vicinage website provides details on related state matters that may intersect with immigration issues.
The Local BIA Appeal Process for Somerset County Residents
For Somerset County residents, an appeal typically originates from a decision made at the Newark Immigration Court. The key procedural fact is that you generally have 30 calendar days from the date of the Immigration Judge’s decision to file a Notice of Appeal (Form EOIR-26) with the BIA. This deadline is absolute. Our role as your BIA appeals lawyer Somerset County is to immediately assess the judge’s order, identify legal errors, and prepare a persuasive brief arguing for a reversal or remand.
- Case Evaluation: We obtain the entire hearing transcript and the Judge’s written decision to conduct a thorough legal analysis.
- Notice of Appeal: We prepare and file Form EOIR-26 (Notice of Appeal) with the correct filing fee within the 30-day deadline.
- Briefing Schedule: We manage the briefing schedule set by the BIA, which typically allows 21 days for the appellant’s brief after receiving the transcript.
- Legal Briefing: We draft a detailed legal brief citing relevant case law, statutes, and regulations to argue why the initial decision was wrong.
- Government Response: The Department of Homeland Security (DHS) counsel files a response brief, to which we may file a reply.
- BIA Decision: The BIA reviews the written record and issues a decision, which could affirm, reverse, remand, or dismiss the appeal.
Why Choose Our Firm for Your BIA Appeal
With over 120 years of combined attorney experience, Law Offices Of SRIS, P.C. approaches each BIA appeal with a detailed, case-specific strategy. Our founder, Mr. Sris, is a former prosecutor whose background in accounting and information systems provides a unique advantage in cases involving evidence. While we maintain a firm-wide record of 4,739+ documented case results, we understand that every appeal hinges on its specific legal arguments.
Results may vary. Prior results do not guarantee a similar outcome.
Our Approach to BIA Appeals
Our firm-wide experience includes handling appeals involving deportation orders, visa petition denials, and motions to reopen. For instance, we have successfully argued appeals based on errors of law, incorrect application of the Immigration and Nationality Act, and violations of due process. In one case, an appeal led to a remand where the client was ultimately granted cancellation of removal. Another experienced attorney at the firm, such as Bryan Block, brings his 15 years as a former Virginia State Trooper to cases where law enforcement interactions or criminal records are at issue, providing critical insight for waiver appeals.
Results may vary. Prior results do not guarantee a similar outcome.
Contact a BIA Appeals Lawyer Near Me Somerset County
If you need an affordable BIA appeals lawyer Somerset County, our New Jersey location serves clients throughout the region. Our location is accessible via I-287, Route 22, and Route 206, making it convenient for residents of Somerville, Bridgewater, Franklin Township, Bound Brook, Hillsborough, Warren Township, Watchung, Bernardsville, and Bedminster.
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.
We offer 24/7 phone consultations at (888) 437-7747. Meetings are by appointment only.
BIA Appeals Lawyer Somerset County FAQ
Where is the USCIS office for Somerset County, New Jersey?
Yes. Immigration applications for Somerset County residents are processed at USCIS Newark Field Office, Peter Rodino Federal Building, 970 Broad St, Newark, NJ 07102. Removal at Newark Immigration Court. Detained cases: Elizabeth Contract Detention Facility. NJ’s Immigrant Trust Directive limits local law enforcement cooperation with ICE.
How long do I have to file a BIA appeal?
It depends. For most decisions from an Immigration Judge, you have 30 calendar days from the date the decision is mailed. For certain USCIS decisions, the deadline may be 30 days from the date of the decision. The deadline is strict, and missing it usually forfeits your right to appeal.
Can I present new evidence to the BIA?
No. The BIA’s review is typically limited to the evidence already in the record from the Immigration Court or USCIS proceeding. To submit new evidence, you usually must file a separate Motion to Reopen with the court that issued the original decision, which has its own standards and deadlines.
What happens if the BIA denies my appeal?
If the BIA denies your appeal, you may have the option to petition for review with the U.S. Court of Appeals for the appropriate circuit (for New Jersey, the Third Circuit). This is a federal court appeal and involves a different, more contested legal process with shorter deadlines.
How much does a BIA appeal cost?
The cost varies based on the issues in dispute. There is a mandatory filing fee to the BIA. Legal fees depend on the length of the hearing transcript and the legal work required for the brief. We discuss all potential costs during an initial consultation to provide an affordable BIA appeals lawyer Somerset County option.
For more information, see our New Jersey Immigration Lawyer hub page. We also assist with Somerset County criminal defense matters that may affect immigration status.
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.
Your case in Somerset County, New Jersey
Indictable charges are heard in the Criminal Part of the Law Division; disorderly-persons offenses are heard in the municipal court where the charge was filed. In Somerset County that is the Superior Court of NJ, Somerset Vicinage (13th Vicinage), 20 North Bridge Street, Somerville, NJ 08876, telephone (908) 231-7000, open Mon-Fri 8:30AM-4:30PM. Court procedures change; confirm the current schedule on the official vicinage website or with the clerk before you file or appear.
The governing law for this topic is the New Jersey Code of Criminal Justice, N.J.S.A. Title 2C. Law Offices Of SRIS, P.C. handles Somerset County matters from its New Jersey location at 44 Apple St 1st Floor, Tinton Falls, NJ 07724; meetings are by appointment. Request a New Jersey consultation at (888) 437-7747 or (609) 983-0003.
Related New Jersey pages: Somerset County NJ lawyers directory.