Burlington County Immigration Appeal Lawyer — How to Challenge a Denial
If your visa, green card, or asylum application was denied in Burlington County, you have a limited time to appeal. An immigration appeal lawyer Burlington County from Law Offices Of SRIS, P.C. can file a Notice of Appeal with the Board of Immigration Appeals (BIA) or the appropriate immigration court.
Understanding the Immigration Appeal Process in New Jersey
The statutory framework for immigration appeals is federal, governed by the Immigration and Nationality Act (INA) and the Code of Federal Regulations. When U.S. Citizenship and Immigration Services (USCIS) or an immigration judge issues an adverse decision, you generally have 30 days to file a formal appeal. In Burlington County, these cases often originate from decisions made at the Newark or Philadelphia immigration courts or from USCIS service centers.
Last verified: April 2026 | U.S. Department of Justice | USCIS Laws & Policy
Law Offices Of SRIS, P.C., founded in 1997, brings extensive experience to these high-stakes appellate matters. Our approach is built on a detailed review of the original record to identify legal errors or abuses of discretion that form the basis for a successful appeal.
Official Resources for Immigration Appeals
handling an appeal requires understanding the rules set by the appellate bodies. The Board of Immigration Appeals (BIA) provides its procedural manuals and practice guides online. also, the United States Courts website offers information on appeals that reach the federal circuit court level. These .gov resources are essential for understanding the formal requirements of the appellate process.
The Local Procedural Edge for Burlington County Appeals
Timing is the most critical factor in an immigration appeal. Missing the 30-day filing deadline is almost always fatal to your case. As your immigration appeal lawyer Burlington County, our first step is to immediately secure the filing date by submitting the Notice of Appeal and fee to the correct office. We then obtain the complete record of proceedings to build a strong brief arguing why the initial decision was legally incorrect.
- File the Notice of Appeal: We prepare and file Form EOIR-26 (for immigration court decisions) or the appropriate form for USCIS denials within the strict 30-day deadline.
- Obtain the Record: We request the entire hearing transcript and evidence packet from the immigration court or USCIS to review for errors.
- Draft the Appellate Brief: Our team crafts a detailed legal brief that cites relevant case law and statutes to argue why the decision should be reversed.
- Submit the Brief and Await Decision: The brief is filed with the BIA or court, after which a panel of judges will review the written arguments without a new hearing.
- Plan for the Next Step: We advise you on the implications of the appellate decision, whether it’s a remand, approval, or the need for further review in federal court.
Potential Outcomes of an Immigration Appeal
In Burlington County, the success of an immigration appeal depends on demonstrating a clear legal error in the original decision, not just disagreement with the outcome.
The Board of Immigration Appeals can issue several types of decisions:
- Dismissal: The appeal is denied, and the original decision stands.
- Remand: The BIA agrees with your appeal and sends the case back to the immigration judge with instructions to correct the error and re-decide the case.
- Sustained: The BIA outright reverses the immigration judge’s decision, which may lead to an approval of your application.
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Immigration Appeal
Founded in 1997, Law Offices Of SRIS, P.C. operates on the principle of “Advocacy Without Borders.” Our team understands the significant personal impact of immigration decisions. We combine knowledge of federal immigration law with a strategic approach to appellate advocacy. We have successfully represented clients in appeals before the BIA, aiming to correct injustices and secure their lawful status in the U.S.
Documented Focus on Appellate Immigration Law
Our firm dedicates significant resources to immigration appeals, a complex area requiring precise legal writing and argumentation. We focus on building the strongest possible written record to give your appeal the best chance for success. While every case is unique, our systematic approach to identifying and arguing legal errors is designed to achieve a favorable outcome.
Results may vary. Prior results do not aim for a similar outcome.
Local Access for Burlington County Residents
Law Offices Of SRIS, P.C.
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only.
Our firm is accessible to Burlington County residents facing immigration appeals. We offer 24/7 phone consultations to address urgent filing deadlines. As a dedicated BIA appeal lawyer Burlington County clients trust, we provide clear guidance on the appellate process. We also serve as your immigration court appeal lawyer Burlington County for cases originating from local courts. Meetings are held by appointment to ensure we give your case the focused attention it requires.
Frequently Asked Questions About Immigration Appeals
How long do I have to appeal an immigration decision?
Yes, 30 days. You have exactly 30 calendar days from the date the decision was mailed to file a Notice of Appeal with the Board of Immigration Appeals (BIA) or the appropriate appellate body. This deadline is strict and rarely extended.
Can I submit new evidence during my appeal?
It depends. The BIA typically reviews appeals based on the existing record from the original proceeding. New evidence is usually not considered unless you can prove it was previously unavailable and is critical to the case. Motions to remand based on new evidence have a separate legal standard.
What is the difference between an appeal and a motion to reopen?
An appeal argues the judge made a legal error based on the existing record. A motion to reopen asks the court to reconsider based on new, previously unavailable evidence or changed country conditions. Both have different filing deadlines and legal requirements.
How long does a BIA appeal take?
It varies. Currently, BIA appeals can take anywhere from several months to over a year for a decision. The timeline depends on the complexity of the case and the BIA’s current caseload. Your work authorization may be extended while a timely appeal is pending in certain cases.
What happens if my BIA appeal is denied?
If the BIA dismisses your appeal, you may have the option to file a petition for review with the U.S. Court of Appeals for the federal circuit covering New Jersey (the Third Circuit). This is a separate process with another strict 30-day deadline and involves federal appellate procedure.
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Last verified: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (609)-983-0003 for current guidance on your immigration appeal.
Under Va. Code § 13.1-1000 et seq., state law governs this practice area.