When the BIA (Board of Immigration Appeals) dismisses an appeal, the respondent (alien individual) has 30 days to file an appeal in Federal Circuit Court (a petition for review) depending on where the Immigration Court is located. For instance, if the case was originally denied in Los Angeles, California, the petition for review must be filed in the 9th Circuit in California; if the immigration judge denied the case in New York, the petition for review needs to be filed in the Second Circuit. Please contact our office at your earliest convenience should you need to file a federal appeal.
POLITICAL ASYLUM &
A motion to reconsider must be filed within 30 days of the denial. To do so, one must believe that the law was incorrectly applied in the original decision. No additional documents are required in a motion to reconsider. Our office have on numerous occasions persuaded the USDHS to change its prior denial decisions and help our client either get green card or U.S. citizenship.
MOTION TO RECONSIDER
When an Immigration Judge denies a case, the respondent (alien individual) has 30 days to file for an appeal with the Board of Immigration Appeals in Falls Church, Virginia. The appeal notice has to be received-- not mailed-- before the 30-day deadline. Immigration judges always put down the appeal due date on the decision, if the appeal is reserved by either party. Appeals received after the deadline will not be considered by the Board of Immigration Appeals. The BIA usually takes an average of one year or more to decide a direct appeal case. We will handle everything throughout this lengthy process so that you are free of any concerns.
We handle Relative Petitions including U.S. citizen petitions for spouses and step children; U.S. citizen petitions for parents and siblings; Permanent Resident petitions for spouses and children. If you want to bring your relatives to the United States, do not hesitate to contact us. We will manage all technical aspects of this lengthy process so that no worries will come to you or your family.
INVESTMENT VISA PROGRAM
After one’s immigration case is denied by the Immigration Judge or the Board of Immigration Appeals, one can file a motion to reopen within 90 days of the denial if there is newly available evidence. It is very difficult to get a motion to reopen granted if it is over 90 days after the denial with certain exceptions. Our office has successfully reopened numerous cases before the Immigration Court as well as the Board of Immigration Appeals.
The Investment Visa Program takes advantage of the immigrant visa category for alien entrepreneurs known as the EB-5 Immigrant Investor Visa, created by the Immigration Act of 1990. In general terms, the EB-5 program requires an alien to "invest or be actively in the process of investing," either US$1,000,000 or US$500,000, which is "at risk" in a "new or existing business enterprise" that directly or indirectly results in the creation or preservation of ten full time (at least 35 hours per week) jobs for a two year period. A successful applicant can earn permanent residency for him or herself, a spouse, and children under the age of 21.
(718) 463-1111 (Flushing, NY) | (212) 693-6666 (Manhattan, NY)
Political Asylum covers underground family churches including Christian and Roman Catholic, Falun Gong, Zhong Gong, and Yiquandao. Political Opinion covers family planning, overseas democratic movement, and illegal demolition. If you feel that you are being persecuted in any way because of your beliefs or actions, you can file for asylum in the United States.
Today, complicated laws and a backup of applications make the process of coming to America, even on a temporary basis, extremely difficult. Because the immigration processes can be quite complex, if you’re seeking a green card, business visa, or U.S. citizenship, you need the guidance of an immigration lawyer. By working with an attorney, you will be able to leave your immigration issues in the hands of a professional who has the ability to act on your behalf. Refer to the information below to find out how we can help you with your immigration to the United States.