what are some of the source for an attorney to get immigration decision

Is it possible to bring a legal action against an immigration judge?

You can probably find out a lot about your lawyer online: whether he or she is listed as a member of a state bar association (a requirement) and of the American Immigration Lawyers' Association or AILA (a professional organization that most of the best attorneys join); whether he or she gets good reviews on websites like Martindale; whether the lawyer has written professional articles …

How to appeal a decision of an immigration judge?

The NTA is a charging document that formally accuses a person of having entered without authorization, being present in the U.S. without authorization, or being deportable for some specific reason. An ICE lawyer will be prosecuting the case against you in immigration court. The NTA is important.

What is an immigration lawyer called?

If you attended a merits hearing in immigration court, also known as the Executive Office for Immigration Review (EOIR), and the immigration judge (IJ) denied your case, you most likely have the right to file an appeal.An appeal means asking a higher authority to take a look at the transcripts and record of what happened and decide whether the judge's decision was a mistake.

Can a non-citizen hire an attorney for an immigration matter?

In some cases, the "lawyer" might not have been a licensed attorney in the first place. These "immigration consultants" are also known as notarios in the Spanish-speaking community. An immigration consultant could have made mistakes in your case or even charged you lots of money to apply for benefits for which you did not qualify, which put you ...

How much does an immigration attorney cost?

An immigration lawyer charges between $150 and $300 per hour, with a typical 30-min consultation fee of $75 to $150. Legal assistance when filing basic immigration forms costs $250 to $800, while green card assistance runs from $800 to $5,000, plus the USCIS fees of $460 to $700.

How do I choose a good immigration lawyer?

7 Key Considerations When Choosing Your Immigration AttorneyTalk To Friends And Family. If you hope to hire an immigration attorney, your friends and family are a priceless resource. ... Use The Internet. ... Essential Qualifications. ... Language Services. ... Accessibility. ... Schedule A Consultation. ... Take Notes.Dec 17, 2020

Who decides immigration law?

The Immigration and Nationality Act, which is the main law governing immigration in the United States, came from Congress, and it is Congress that has the power to change it or to write any other laws affecting immigration.

Who can help with immigration problems?

If you need help with an immigration issue, you can use the services of a licensed immigration attorney or accredited representative of a Board of Immigration Appeals recognized organization....Legal AssistanceFind Legal Advice. ... Find Legal Representation. ... Obtain Assistance with Immigration-Related Employment Discrimination.Sep 20, 2021

Are immigration judge decisions published?

Published decisions also constitute precedent that binds the BIA, the immigration courts, and DHS. The vast majority of the BIA's decisions are unpublished, but the BIA periodically selects cases for publication. EOIR may also publish certain DHS decisions.Dec 16, 2021

What are the benefits of immigration lawyer?

Law Offices of Phillip MyerA Good Immigration Lawyer Avoids Mistakes. ... They Are Seasoned by Experience. ... They Can Explain Your Options to You. ... An Immigration Lawyer Can Advise You As a Permanent Resident. ... A Lawyer Can Help You Find a Legal Job. ... A Good Immigration Lawyer Can Provide a Path to Citizenship.

How do I find a good immigration consultant?

The top 5 tips to choose an Immigration ConsultancyGoogle Reviews. Nothing surpasses word of mouth when it comes to endorsing as marketers always tell. ... Social Media. View the social media platforms of the prospective agency – LinkedIn, Facebook, Twitter and Instagram. ... Past record. ... Security. ... Background Check.Feb 19, 2019

Do I need an immigration lawyer for spouse visa?

While, as a matter of law, visa applicants are at liberty to file an Immigrant Visa (Spouse) application in person, representation is recommended for best prospects of success, and to ensure the process is as smooth and efficient as possible.Mar 29, 2021

Who has authority over immigration?

The United States, the Court held that the federal government's power to regulate and enforce immigration was derived from its foreign policy power, which is located in Article I and Article II of the U.S. Constitution. Article 1 of the Constitution establishes the enumerated powers of Congress.Jan 17, 2021

What are the 4 types of immigration?

When people ask “what are the four types of immigration?” what they actually mean is “what are the four immigration statuses?” and not “what are the four types of immigration?” The four immigration statuses include citizens, residents, non-immigrants, and undocumented immigrants.Jul 13, 2021

What is the process for immigration?

Essential Steps to Get an Immigrant Visa In most cases, someone must sponsor you or file an immigrant petition for you. Wait until the petition is approved and a visa is available in your category. Then apply for an immigrant visa. Do this through a U.S. consulate abroad.Sep 20, 2021

What federal agency deals immigration matters?

Department of Homeland SecurityDepartment of Homeland Security (DHS)U.S. Citizenship and Immigration Services (USCIS)U.S. Immigration and Customs Enforcement (ICE)U.S. Customs and Border Protection (CBP)Dec 8, 2021

Can Senator help immigration case?

Many U.S. senators and representatives will have at least one staff member whose job it is to liaise with the various federal agencies who deal with immigration, including USCIS (relevant if you have applied for a visa inside the United States) and the Department of State (DOS) (relevant if you have applied from ...Apr 19, 2021

Who handles deportation?

United States Citizenship and Immigration ServicesThe United States Citizenship and Immigration Services (USCIS) handles deportations and removals as part of the Department of Homeland Security (DHS). As part of the process, USCIS will send the individual in question a Notice to Appear, which will contain details of why the proceeding has been initiated.Oct 14, 2021

Where can I find immigration court decisions?

They are located under the Attorney General within the Executive Office of Immigration Review (EOIR). Decisions are appealed to the Board of Immigration Appeals. Decisions of immigration law judges are not reported in any specific reporter.Jan 26, 2022

What are the chances of winning immigration appeal?

The Odds Of Winning Are Against You Few file an appeal. Only 35,000 to 40,000 – less than 20% – keep fighting to stay in the United States with their wife and children. Of the 35,000 to 40,000 who decide to fight the immigration court decision . . . . . . Only 10% win their appeals.Jun 30, 2009

What are administrative decisions?

The United Nations Appeals Tribunal has defined an administrative decision as a unilateral decision taken by the administration in an individual case which produces direct legal consequences. ... An administrative decision may take any form, including being communicated orally.Dec 29, 2019

What type of lawyer makes the most money?

Medical AttorneysMedical Attorneys Medical lawyers are among the highest paid types of lawyers and earn one of the highest median salaries in the legal field.Oct 27, 2021

Do I need an attorney to file for US citizenship?

Do I need a lawyer to apply for U.S. citizenship? No. You can file USCIS forms yourself, including Form N-400, Application for Naturalization, which can be submitted online. However, some people choose to seek assistance from a lawyer or Executive Office for Immigration Review (EOIR)-accredited representative.Sep 16, 2021

What Happens at Each Stage of Immigration Court Proceedings

The overallstructure of hearings before the immigration court is, in reality,fairly simple. The ExecutiveOffice for Immigration Review(EOIR) runs t...

Initialissues at The Master Calendar Hearing

Your firsthearing in removal proceedings is called a “master calendarhearing,” or simply “MCH.” The MCH is typically very short,lasting approximate...

Focusingon Your Case: Individual Hearings

Individualhearings are what they sound like: The court focuses on yourindividual case to determine whether you are eligible for any formsof relief...

Post-Decisionactivity: Fighting on Through Appeals

Either youor the government can choose to challenge an immigration judge’sdecision. This can be done through a motion to reopen or a motion torecon...

1. Why is my case taking longer than anticipated to be processed by the Immigration Service? What does this mean?

You may sue the USCIS if it is taking longer than usual to process or decide your case. For more information on eligibility, process and necessary...

2. Is there a way to pressure the Immigration Service to work faster on my case?

Yes. If there have been unreasonable delays in your case, you may file a complaint against the Immigration Service in the Federal Court, and the Co...

3. If I had an interview with the USCIS and/or filed my application a very long time ago, but have not received a decision on my case, can I do anything to expedite the process?

You may file a legal action against the USCIS to demand that they provide you with an answer to your petition or adjudicate the application if the...

4. If I sue the USCIS, how long will it take before I receive a decision on my pending application?

Approximately 180 days.

5. If I sue the USCIS, will the USCIS deny my pending application?

No. Applications will be decided on their merits and the fact that you sued should not affect the decision making process.

6. If I want to sue the USCIS, does it make a difference what state I live in?

Yes. Some jurisdictions have had positive decisions on immigration matters, while other states have had rulings that establish bad precedent on imm...

7. Can I sue the USCIS in a state where I do not live?

Possibly. Jurisdiction for a lawsuit is determined by several factors, one of which is the place of residence of the plaintiff (or the person bring...

Why is the NTA important?

Not only does it state the legal reasons why U.S. immigration authorities believe you should be removed (deported) from the United States, but it also puts you on notice that you will be scheduled for immigration proceedings in court. If you have received an NTA, you are called the "respondent.".

What is a NTA?

The NTA is a charging document that formally accuses a person of having entered without authorization, being present in the U.S. without authorization, or being deportable for some specific reason. An ICE lawyer will be prosecuting the case against you in immigration court. The NTA is important.

How long is a master calendar hearing?

The MCH is typically very short, lasting approximately 15 minutes or less. But you might have to wait in line for your 15 minutes.

Can you challenge an immigration judge's decision?

Either you or the government can choose to challenge an immigration judge's decision. This can be done through a motion to reopen or a motion to reconsider made to the immigration court, or through an appeal directly to the Board of Immigration Appeals (B.I.A.).

How long can a case be continued?

Your case could be continued for a short time or a long time ( years even), depending on the underlying reasons for the continuance and the dates the court have available. Some courts have "status dockets" for people who have a petition or application pending with U.S. Citizenship and Immigration Services (USCIS).

How long is the immigration court hearing?

The immigration court will schedule the individual hearing for a block of time ranging from one to four hours. During the hearing, the court will hear testimony and review evidence presented by you and the ICE attorney.

How long does it take to reopen an immigration case?

A motion to reopen must usually be filed within 90 days of an immigration judge's final decision, but exceptions do exist.

What is the EOIR?

The EOIR is an agency within the Department of Justice, responsible for adjudicating immigration cases. Accordingly, the next stop in your case will also be within the Department of Justice, namely the Board of Immigration Appeals ( B.I.A. ). By the way, the U.S. government also has a right to appeal your case, even if the judge granted it.

How long does it take to appeal a court order?

The appeal must not only be filed, but actually received by the B.I.A. within 30 days from the date of the judge's order. If you received the judge's order in writing rather than in open court, your appeal must be filed and received within 30 days from the date on which the decision was mailed to you. Late-filed appeals will simply not be accepted.

Can you stay in the US if you are deported?

Even if the immigration judge ordered you deported, you have the right to stay in the U.S. while you await a B.I.A. decision. This is automatic for standard appeals from removal cases. (In other types of cases, however, such as motions to reopen, such a stay is not automatic; the person must take steps to ask for it.)

How long does it take to file an opening brief?

You will ordinarily be given 30 days to file your opening brief. The opposing counsel will also be given 30 days, in which to file a reply. This period can be extended to 90 days if sufficient cause is shown. After going through the submissions of both parties, the BIA will make a decision on your appeal.

How to reopen a case?

Once you have a professional opinion about the mistakes your former attorney made, you will want to "fix" your case and try to achieve any legal remedies or compensation available to you. If you have been the victim of ineffective assistance of counsel, you might be able to reopen your case, even if the deadline for appeal has passed. The Matter of Lozada case set forth the requirements for noncitizens who claim to have been unfairly prejudiced by ineffective assistance of counsel. You must: 1 provide an affidavit describing in detail the agreement you entered into with counsel and the representations that the attorney made to you regarding your case 2 inform your former attorney of the allegations and give him or her an opportunity to respond, and 3 report whether a complaint of ethical or legal violations has been filed with the professional bar where your attorney is licensed to practice law, and if not, why you did not do so.

What does an immigration attorney do?

A good immigration attorney can investigate your case, review any submissions for errors, and determine whether or not your original attorney was licensed to practice law. If you do not act quickly, you might miss deadlines that apply to new applications or court filings based on ineffective assistance of counsel.

Can an attorney text you?

Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

What to do if your former attorney made a mistake?

Once you have a professional opinion about the mistakes your former attorney made, you will want to "fix" your case and try to achieve any legal remedies or compensation available to you. If you have been the victim of ineffective assistance of counsel, you might be able to reopen your case, even if the deadline for appeal has passed. The Matter of Lozada case set forth the requirements for noncitizens who claim to have been unfairly prejudiced by ineffective assistance of counsel. You must:

1. Why is my case taking longer than anticipated to be processed by the Immigration Service? What does this mean?

You may sue the USCIS if it is taking longer than usual to process or decide your case. For more information on eligibility, process and necessary documentation for these types of cases, visit our page on Lawsuits against the U.S. Immigration Service (USCIS).

2. Is there a way to pressure the Immigration Service to work faster on my case?

Yes. If there have been unreasonable delays in your case, you may file a complaint against the Immigration Service in the Federal Court, and the Court can force the Immigration Service to make a decision in your case. Bear in mind that this decision can be positive or negative.

5. If I sue the USCIS, will the USCIS deny my pending application?

No. Applications will be decided on their merits and the fact that you sued should not affect the decision making process.

6. If I want to sue the USCIS, does it make a difference what state I live in?

Yes. Some jurisdictions have had positive decisions on immigration matters, while other states have had rulings that establish bad precedent on immigration matters, and this could affect your ability to bring a legal action.

7. Can I sue the USCIS in a state where I do not live?

Possibly. Jurisdiction for a lawsuit is determined by several factors, one of which is the place of residence of the plaintiff (or the person bringing the action). But there are a number of other alternative that may be available.

When did the Attorney General overrule the Matter of A-R-C-G?

Attorney General Sessions overruled Matter of A-R-C-G- on June 11, 2018, and placed domestic violence-based PSGs again in the nebulous area. Matter of A-B- touched on several aspects of asylum law, but most notably domestic violence, as a basis for asylum and whether private actor harm supports a past persecution finding.

What is the matter of A-B?

Matter of A-B- has taken a very complicated and unusual procedural path. On March 7, 2018, Sessions certified an unpublished BIA decision, Matter of A-B-, to himself. A-B-, a woman from El Salvador, suffered severe emotional, sexual and physical abuse from her ex-husband, with whom she has three children. A-B- tried to escape her husband, but he continued to pursue her throughout the country. She applied for asylum and the immigration judge (IJ) denied her application based on four reasons: 1) she was not credible; 2) she was not a member of a qualifying “PSG”; 3) even if she did establish a cognizable “PSG,” her membership in this group was not “one central reason” for the harm she suffered; and 4) she failed to show that the Salvadoran government was unwilling or unable to protect her. A-B- appealed to the BIA. The BIA applied Matter of A-R-C-G-, reversed the IJ’s decision, and held that A-B- qualified for asylum based on the domestic violence she had suffered and the Salvadoran government’s unwillingness or inability to protect her. The BIA then remanded the case to the IJ for background checks and a grant of asylum. However, instead of granting the case, the IJ issued an order purporting to certify and return the case to the BIA.

Is asylum based on gender?

Asylum jurisprudence based on gender , and domestic violence in particular, has followed a long and winding path through the BIA and federal courts. In order to understand the impact of the Matter of A-B- decision, it would be helpful to briefly review the history of the law.