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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
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Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Board of Immigration Appeals Decisions

The Board of Immigration Appeals (BIA) is the highest administrative body in the United States that has the power to interpret and apply immigration laws. Usually, the BIA decides appeals by conducting a “paper review” of cases. In exceptional cases, it may hear oral arguments of appealed cases, usually at its headquarters in Virginia. Listed below are a few questions answered by immigration lawyers on the Board of Immigration Appeals.

I submitted a form to the Board of Immigration Appeals two weeks ago and sent it to their old address by mistake. Can I be excused if I miss the deadline?

Hopefully, your mail will get forwarded to the new address. Also, there is a possibility that you may be excused if you can furnish evidence of having filed on time and, therefore, prove that they would have received it on time as well. In case they respond negatively, you might need to hire an attorney to file a motion to reopen or reconsider.

We are filing an appeal with form EOIR-26 from an immigration judge in Chicago. Does this have to go to Chicago or Virginia?

To appeal an Immigration judge’s decision with the Board of Immigration Appeals, you would need to send your appeal to the Virginia address. This is given below.

For overnight delivery service:
Board of Immigration Appeals
Clerk's Office
5201 Leesburg Pike, Suite 1300
Falls Church, VA 2204


For First-class mail:
Board of Immigration Appeals
Clerk's Office
P.O. Box 8530
Falls Church, VA 22041

What are my chances of winning a case that was on the Board of Immigration Appeals and has been remanded to the immigration judge, on the grounds that the case was unfair?

The hard part here is the BIA appeal. If you have won that, there is a reasonable chance of winning of the case. However, it also depends on several factors like the elements of the case, the judge, the way the evidence was presented and so on. It’s hard to say what your chances are, but generally speaking, it’s not easy to win an appeal with the BIA. So if you have passed that, you stand a better chance.

My boyfriend came to the U.S. married to someone else on a spouse visa (K-3 visa) but was divorced after a year. He didn’t get a Green Card and his spouse visa was terminated after the divorce. He has stayed on and we want to get married. Can I apply for a Green Card for him as a U.S. citizen?

Based on USCIS regulations, you cannot change someone’s status from a non-immigrant K (such as a K-3) visa holder to a Lawful Permanent Resident on any basis other than the marriage on which the K visa petition was originally based.

For more information on this, visit the following link: http://travel.state.gov/visa/laws/telegrams/telegrams_1431.html (see #35).

He won’t be able to change his status based on a marriage to another U.S. citizen sponsor besides than the U.S. citizen who sponsored his the K-3 visa with which he first came here.

I ran away from Russia because, as a Georgian, I was being persecuted in Russia. My lawyer did not present all my evidence for an asylum application in the U.S. and an immigration judge ruled against it. Can I appeal this?

You can appeal the ruling within 30 days from the date of denial. You would need to offer evidence to the Board of Immigration Appeals that your lawyer did not represent you properly. This may not be easy to do, so you should hire a different attorney to file the appeal for you. You can find one at http://www.ailalawyer.com/

The decisions taken by the BIA are binding on all Department of Homeland Security officers and Immigration judges unless they are modified or overruled by the Attorney General or a federal court. Most of the appeals reaching the BIA usually involve removal orders and applications for relief from removal. In addition, the BIA may take on such cases as those that pertain to aliens being excluded from applying for entrance to the United States and motions to reopen or reconsider decisions rendered in the past.

Ask an Immigration Lawyer

Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: General
Satisfied Customers: 34892
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
9200179
Type Your Immigration Law Question Here...
characters left:
2 Immigration Lawyers are Online Now

How JustAnswer Works:

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    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
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  • 100% Satisfaction Guarantee
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Immigration Lawyers are online & ready to help you now

Guillermo J. Senmartin, Esq.
Immigration Lawyer
Satisfied Customers: 30464
10+ years of experience in various aspects of U.S. Immigration Law.
Georgetown Lawyer
Immigration Lawyer
Satisfied Customers: 8543
10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
Wilton A. Person
Immigration Lawyer
Satisfied Customers: 3550
Knowledgeable and experienced immigration lawyer.

Recent Immigration Appeal Questions

  • hello there I had the granted asylum letter from the immigration

    hello there
    I had the granted asylum letter from the immigration judge it was written decision after 25 days the lawyer told me that the ICE appealed in my granted asylum
    yesterday I received a letter from board of immigration appeal it said FILING RECEIPT FOR APPEAL .
    THE BOARD OF IMMIGRATION APPEALS ACKNOWLEDGES RECEIPT OFYOUR APPEAL AND FEE OR FEE WAIVER REQUEST ( WHERE THE APPLICABLE ) 8/19/2014
    COULD YOU TELL ME WHATS DOES IT MEAN AND WHAT NEXT
    THANKS
  • I have my stepson been refused a family visit visa,his sponcor

    I have my stepson been refused a family visit visa,his sponcor was my wife(his mother)we both are British citizen.
    my stepson is studying medicine in Ukraine he still have 2 years to finish his course.He is a Jordanian citizen on ukrainian student visa,

    here is the refusal letter,


    Refusal of entry clearance

    I must take into accountyour personal and economic circumstances when coming to my decision.It is your responsiblity to satisfy me that your personal circumstances are such that if granted leave to enter,you will comply with all of the conditions attached to any such leave and that you will leave the UK on completion of proposed visit.

    you state that you are a student in Ukraine and have provided a letter from the university and a student identity card in support of this. Aside from these two documents you have not provided any further documentation to demostrate what your personal circumstances are here in Ukraine,you state that your mother now a British citizen,and living in the UKwill bear all the cost of your trip.you state that your brother also lives in the UK and i note that common name but there is no evidence accompanying this application to demonstate that you are related as you claim. you state you last saw your sponsor in Jordan last year but again this not supported by any evidence.

    you have provided no evidence of contact either regular or irregular with your sponsor and in light of that absence of evidence i am not satisfied that you demonstrated a relationship with your sponsor commensurate with sponsorship. I consider it reasonable to assume that a person genuinely seeking to travel overseas to be hosted by and visit a family member would be readily able to show evidence that relationship was of a high degree of closeness to warrant the allocation of resources associated with a visit with this type. in the absence of evidence, I am not satisfied that your real for travel is as stated.

    you are single,with limited previous travel and have provided very limited evidence to demostrate your personal circumstances. having considered the application as a whole, I am not satisfied that you have, on the balanceof probibalities demonstrated,sufficiently strong family,social or economic ties to Ukraine to satisfy me that you intend to leave the UK on completion of your visit,I am not satisfied that you are genuinely seeking entry as a visitor for limited period and that you intend to leave the UK thereafter. you do not therefore meet the requirment of paragraph 41(i) and (ii) of the immigration rules.

    I have refused your application because I am not satisfied, on the balance of probabilites, that you meet the requirements of the above paragraph(s)of the immigration rules.

    He has the right to appeal in court in the UK,we can show the judge evidence that my wife his mother which is (birth certificate)and photos of us as there is a warm relationship between us,and a letter from his university in Ukraine that he is a genuing student,( this is an evidence that he will leave the UK as he spent 4 years already in his medicne course,so no one would just leave his course to go to another country and do not come back to complete the course and get the certificate)

    Do you think we can manage infront of the judge myself with out a barrister or lawyer?
    If his appeal will be dismissed,does it affect any future visa application or immigration appeal?
    we Shall we write in the appeal form in ground of appeal?

    What do you advise?

    Thank you very much
  • what di i do next after receiving a favourable decision from

    what di i do next after receiving a favourable decision from the immigration appeal board.
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