In the event that USCIS or a judge denies a client’s request or petition, the client has a right to file an appeal with the Board of Immigration Appeals. This is a request to a different authority to review the findings and provide a decision on the case. Our attorneys have successfully defended previously denied cases in front of the Board of Immigration Appeals and with USCIS.
The BIA will consider a request for an emergency stay if (1) the request is in writing, and (2) one of the following is true:
A motion is pending before the BIA;
An appeal of an immigration judge motion to reopen is pending before the BIA;
An appeal of an immigration judge bond decision is pending before the BIA;
A case is pending before the BIA that has been remanded from a U.S. Circuit
The BIA decides, in its own discretion, to grant a stay.