Immigration Appeals Attorney in Chicago
When an immigration application or petition is denied, or an immigration judge orders removal, you may have the right to appeal. At Liberum Law, our immigration appeals attorneys in Chicago handle appeals to the Board of Immigration Appeals (BIA), the Administrative Appeals Office (AAO), and federal circuit courts.
Our immigration appeals practice covers appeals of denied I-140 immigrant petitions, appeals of denied naturalization applications, appeals of removal orders to the BIA and federal courts, motions to reopen and motions to reconsider, responses to Notices of Intent to Deny (NOIDs), and federal court petitions for review of BIA decisions.
Immigration appeals require precise legal writing, thorough analysis of the record, and identification of legal errors in the original decision. Deadlines are strict — BIA appeals must generally be filed within 30 days, and federal court petitions for review within 30 days of the BIA decision.
Contact our immigration appeals attorneys at Liberum Law for a free consultation.
Frequently Asked Questions
What types of immigration decisions can be appealed?
Most USCIS denials (visa petitions, green card applications, waivers) can be appealed to the Administrative Appeals Office (AAO). Immigration judge decisions go to the Board of Immigration Appeals (BIA). BIA decisions can be reviewed in federal circuit courts via petition for review.
How long do I have to appeal?
AAO appeals: 30 days from notice (33 days if mailed). BIA appeals: 30 days from immigration judge's decision. Federal court petitions for review: 30 days from BIA decision. Deadlines are strict; missed deadlines forfeit the appeal.
What's the difference between appeal and motion to reopen?
Appeal: challenges the legal or factual basis of the original decision based on the existing record. Motion to reopen: introduces new evidence not available before. Motion to reconsider: argues legal or factual error in the prior decision. Different deadlines and standards apply.
How long do immigration appeals take?
AAO: 6–12 months. BIA: 1–2 years for most cases. Federal circuit courts: 1–3 years. Long timelines but worthwhile when grounds are strong. We provide realistic prospects and timelines at consultation.
Can I stay in the U.S. while my appeal is pending?
Generally yes for BIA appeals — appeal automatically stays removal. AAO appeals do not stay removal automatically. Federal court petitions require a separate stay motion. Status during appeal depends on prior status and category.
