How Does Immigration Litigation Work in Philadelphia?
Many immigration cases do not require any kind of litigation. If you begin working with an attorney right away then you may get through the process with routine forms and interviews. It’s nice when you don’t have to see the inside of a courtroom to secure an immigration benefit.
Some matters do require litigation however. These include removal defenses and immigration appeals. We may also challenge USCIS for delaying your application for too long, challenge arbitrary rejections, or take other steps that can help you fight for your rights in federal court.
Here’s some information about the most common types of litigation.
Deportation & Removal Defense
A court case may be your last resort if you have received a notice to appear before an immigration judge or an unexpected visit from ICE.
Even if you are a lawful permanent resident it is wise to anticipate needing a removal defense lawyer if you’ve been convicted of a crime, or even if you come to realize you’re being investigated for one.
Often litigation defense can help you stay in the United States.
Administrative Appeals Office Appeals (AAO)
If you’ve received an adverse decision from a USCIS officer then we can file an appeal with the AAO. This triggers an administrative review of your case.
These decisions are non-precedent decisions that apply existing law and policy to the facts of a given case. These cases do not create or modify the law.
We perform this litigation on behalf of companies as often as we do individuals. Often denials or delays keep American companies from on-boarding vital employees on-schedule. We work to get these issues ironed out quickly so that highly skilled immigrant employees can get to work.
Board of Immigration Appeals (BIA)
If you’ve received an adverse decision from an immigration judge then we might need to request a BIA appeal. This happens within 30 days of the judge’s decision. These include removal and deportation orders, asylum cases, motions to reopen and reconsider prior decisions, family-based immigrant petitions, and waivers of admissibility.
You can generally obtain a stay while in the process of appealing to the BIA.
Get Help Today
In general, the earlier you involve an immigration lawyer in your case, the smoother the case will go. The goal is generally to keep you out of litigation while being prepared to jump into the court system at any time.
Don’t leave your immigration case to change. Contact the Law Office of Renee Hykel to get help with your applications, forms, or immigration challenges today.
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