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Is it possible to appeal a deportation ruling as an immigrant?

On Behalf of | Oct 13, 2020 | Citizenship

Those attempting to immigrate to the United States, whether through employer-sponsored visas, asylum requests or family-based immigration, can sometimes find themselves pleading their case in front of a judge. The courts sometimes have the final say in what happens with an immigrant’s status.

If you recently lost a case or had a judge rule against you, you could find yourself facing imminent deportation. That means that you will have to leave the United States and likely return to your country of origin. Before that happens, do you have the right to appeal the deportation decision in court?

Immigrants do have the right to appeal certain immigration decisions

There are specific rules in place regarding what kinds of immigration decisions an individual can appeal. The list of decisions that immigrants have the right to appeal is somewhat limited. You may be able to appeal:

  • Decisions on petitions for alien entrepreneurs
  • Unfavorable rulings on permission to reapply for admission after deportation
  • Decisions on orphan petitions
  • Decisions on someone’s request to adjust their status
  • Determinations about a breach of surety bond
  • Nonimmigrant visa decisions
  • Employment-based immigration decisions
  • Decisions about certain waivers
  • Rulings on fiancé(e) petitions
  • Proceedings regarding U and T visa applications

There are several dozen kinds of immigration cases, many of which can result in deportation, that immigrants may have the right to appeal. Determining if your case can go through an appeal, finding grounds for that appeal and arguing an appeal on an existing immigration decision is a complex process. You will likely need experienced help you if hope you change the outcome and your status.

The right help can help you secure a better outcome

Language barriers, delays with official paperwork, mistakes on immigration forms and even just failing to properly explain your situation can all lead to unfavorable immigration outcomes. A court decision that could result in deportation can have devastating social and financial consequences for the person facing removal from the United States.

If you believe that you didn’t present your case well, possibly due to a lack of legal guidance, appealing a decision that would result in your deportation can possibly earn the right to stay in the United States. Getting the right help with your appeal will improve your chances of success and reduce the likelihood of future mistakes or oversights complicating your immigration process.