1. What is the average time for a BIA appeal decision?

On average, a BIA appeal decision can take between 6 months to 2 years, depending on various factors such as case complexity and current backlog.

2. Can I work while my BIA appeal is pending?

Your ability to work while your Board of Immigration Appeals (BIA) appeal is pending largely depends on your current immigration status and whether you have valid employment authorization. For example, if you hold a valid Employment Authorization Document (EAD), you may continue working legally during the appeal process. However, if your status does not include work authorization, you generally cannot be employed without risking violations that could negatively impact your case. It is crucial to consult with an experienced immigration attorney who can evaluate your specific circumstances, including any pending applications for work permits or changes in status, to provide tailored guidance. Additionally, understanding the nuances of work authorization during immigration proceedings can help you avoid common pitfalls and ensure compliance with immigration laws throughout your BIA appeal.

3. How can I check the status of my BIA appeal?

You can check the status of your BIA appeal through the Executive Office for Immigration Review (EOIR) website or by contacting your attorney.

If the Board of Immigration Appeals (BIA) remands your case, it means your case is returned to the immigration judge for additional review, further proceedings, or specific actions as directed by the BIA. This often occurs when the BIA finds that the immigration judge made a legal error, overlooked important evidence, or failed to fully address certain issues. Upon remand, the immigration judge may be required to:

• Conduct a new hearing to consider additional evidence or testimony;
• Reevaluate the application of immigration laws or policies;
• Clarify or supplement the record with further findings;
• Address procedural errors or omissions identified by the BIA.

It is crucial to understand that a remand does not mean your case is denied or approved; rather, it provides an opportunity for the immigration judge to correct errors and ensure a fair adjudication. During this phase, maintaining close communication with your attorney and preparing any new evidence or arguments can significantly impact the outcome. For more detailed guidance on navigating BIA decisions, visit our legal resources.

5. Is there an option to expedite my BIA appeal?

Yes, under specific and compelling circumstances, you can request an expedited review of your Board of Immigration Appeals (BIA) case. Expedited appeals are typically granted in situations involving urgent humanitarian concerns, such as severe medical conditions, threats to personal safety, or cases where prolonged delays would cause irreparable harm. To pursue this option, it is crucial to work closely with your attorney, who can help you gather and present strong evidence demonstrating why your appeal merits priority treatment. The attorney will also guide you through the procedural requirements, including submitting a formal motion to expedite along with supporting documentation. Keep in mind that the BIA evaluates these requests on a case-by-case basis, and approval is not guaranteed. For more detailed guidance on navigating immigration appeals, consider reviewing our comprehensive legal resources.

6. Can I submit additional evidence during the BIA appeal process?

Generally, you cannot submit new evidence. The BIA reviews the record established during the immigration judge’s proceedings.

7. What can I do if my BIA appeal is denied?

If your appeal is denied by the BIA, you may still have the option to appeal to the federal circuit court. Consult an immigration attorney immediately to discuss your options.

8. How often does the BIA overturn an immigration judge’s decision?

The BIA overturns an immigration judge’s decision in a significant but minority percentage of cases, mostly depending on the merits of the case.

9. Does the BIA have to provide reasons for its decisions?

Yes, the BIA must provide a written explanation that outlines the basis of its decision, whether it’s affirming, reversing, or remanding the case.

10. Can I change my attorney during the BIA appeal process?

Yes, you can change your attorney during the BIA appeal process. However, make sure to inform the BIA and ensure that all filings and submissions continue to be timely.