Appeals and Federal Litigation
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. Most appeals are decided by the Board of Immigration Appeals (BIA), which reviews most decisions rendered by an Immigration Judge as well as decisions rendered by USCIS denying Petitions for Alien Relative (Form I-130). Another major appellate body is the Administrative Appeals Office (AAO), which reviews, among other matters, decision denying applications for waivers of inadmissibility and denials of petitions for temporary workers. 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.
Contact Law Offices of Paul Marinov if you seek counsel to assist in appealing a denial decision or to take your immigration case to a federal court.