Appeals and Federal Courts Litigation
If you are looking for an experienced immigration attorney to assist you with your appeal of an unfavorable decision from the United States Citizenship and Immigration Services or an Immigration Judge, please review the appropriate sections on our website to determine whether we can help you. At Law Offices of Paul Marinov, P.C. we have successfully represented numerous clients before the Board of Immigration Appeals and federal courts.
Appeals before the Board of Immigration Appeals("BIA")
If your application for an immigration benefit is denied, all may not be lost. The immigration system provides various avenues for appealing denial decisions rendered either by the USCIS or by an Immigration Judge. The Board of Immigration Appeals (BIA), which is part of the U.S. Department of Justice, reviews decisions rendered by an Immigration Judge as well as decisions rendered by USCIS denying Petitions for Alien Relative (Form I-130). The appeals is filed on form EIOR-29, Notice of Appeal to the Board of Immigration Appeals from a decision of a DHS Officer. Upon properly filing of form EIOR-29, the appellant has an option to submit a brief along with supporting evidence. In attorney Marinov’s experience, the importance of documenting the reasons why the denial decision is not correct cannot be stressed enough. In majority of cases of denial decision issued by the USCIS, the issue at hand is the bone fides of the parties’ marriage. If the USCIS has issued a denial decision, that means that, in the view of the Service, the petitioner has not submitted sufficient documentation to establish that the parties’ marriage was a bone fide one, and not entered for the sole purpose of evading immigration laws. The appeal and the supporting documentation is first filed with the USCIS, which issued the denial of form I-130, and, thus, the denial decision can be overturned even without the case going to the BIA if the USCIS considers that the appeal will be successful.
I hired Paul for 3 complicated cases in each one of them he prevailed. Paul was available when I needed to consult with him, he returned my calls promptly, we even met few times over the weekend because I did not have time during the weekdays. Paul will go over and above to be your advocate and trusted advisor. I would recommend Paul and would definitely work with him again.
Appeals Before Administrative Appeals Office("AAO")
Another major appellate body is the Administrative Appeals Office (AAO), which reviews, among other matters, most employment-based immigrant and nonimmigrant visa petitions (Forms I-129 and I-140), decisions denying applications for waivers of inadmissibility (Form I-601), Applications for permission to reapply for admission after deportation (Form I-212). The appeal is filed on form I=290B, Notice of Appeal or Motion, usually within 30 calendar days after personal service of the decision, or 33 calendar days if the decision was mailed. As with appeals before the BIA, the appeal before AAO must be well reasoned and well documented. Paul Marinov has successfully argued and overturned denial of application for a waiver of inadmissibility(Form I-601).
Federal Courts Litigation
Once all administrative remedies have been exhausted, it may be possible to bring your case to a federal court. Also, when it is warranted, a writ of mandamus may be filed to ask federal court to order that USCIS and other federal agencies fulfill thief duties. Typically, writ of mandamus cases are brought after unreasonably long delays in the adjudication of petitions and application for immigration benefits. Attorney Marinov has successfully appealed decision before BIA, AAO and have successfully pursued writ of mandamus cases in federal court
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