Family Immigration Appeals

At Nye Family Law, we understand that family comes first. Our lives are built around the people we love, and when immigration issues interfere with that bond, the consequences are emotional and life-changing. If you’ve received a denial on a family-based immigration petition, you’re not alone—and you’re not without options.

As a family immigration law firm in Mesa, we help individuals and families challenge immigration decisions through formal appeals. Our goal is to reunite families, fix errors in processing, and ensure the immigration system doesn’t work against your future.

Family immigration appeals are complex and time-sensitive. But with an experienced family immigration appeals lawyer in Mesa on your side, you can take meaningful steps toward a successful outcome. We’ve helped families from all walks of life challenge decisions that kept loved ones apart.

Whether you’re appealing a denied Form I-130, facing a decision from USCIS, or responding to a removal order from an immigration judge, we’ll help you understand your rights and your path forward.

What Is a Family Immigration Appeal?

A family immigration appeal is a legal process used to challenge the denial of a visa petition, adjustment of status, or another family-based immigration benefit. In most cases, these appeals arise when USCIS or an immigration judge denies a request to bring or keep a family member in the U.S. Legally, you have the right to challenge this decision by submitting your appeal to the appropriate body—often the Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA), depending on the nature of the case.

Many clients come to us after receiving a denial letter they didn’t expect. The reasons may vary—missing documentation, accusations of fraud, changes in family circumstances, or errors in how USCIS interpreted the facts. As seasoned immigration lawyers in Mesa, we take the time to examine what went wrong and develop a strategy to correct it.

Who Can File a Family Immigration Appeal?

Not every immigration decision can be appealed, but many family-based petitions qualify. Common appeal scenarios include:

• A denied Form I-130 (Petition for Alien Relative)
• A denied Form I-485 (Adjustment of Status)
• Termination of Conditional Residence (Form I-751 denial)
• Visa revocations or inadmissibility findings
• Deportation orders involving a family relationship

The petitioner must usually file appeals, such as a U.S. citizen or a lawful permanent resident who filed the original petition for their relative. As a Mesa, AZ, family immigration attorney, we help ensure the right person files the appeal with the correct form and within the allowed timeframe.

The Appeals Process Step by Step

The family immigration appeals process involves strict timelines and detailed procedures. As your legal team, we guide you through each of the following steps:

Step 1: Receiving the Denial

Once you receive the Notice of Decision from USCIS or an immigration judge, it will typically explain why your petition was denied and whether the decision can be appealed. It will also state which appeals body has jurisdiction over the case—the AAO or BIA.

Step 2: Filing the Appeal

You must file a Notice of Appeal within 30 days of the decision (or 33 days if received by mail). For USCIS decisions, this means filing Form I-290B with the correct fee. For appeals to the BIA, you’ll usually file Form EOIR-29. Timing is critical—if you miss the deadline, you may permanently lose your right to appeal.

Step 3: Preparing the Legal Brief

Once the appeal is filed, you must submit a legal brief outlining your arguments. This document explains why the original decision was wrong, provides supporting evidence, and cites relevant immigration laws.

We handle this critical stage with care and precision at Nye Family Law. We identify factual errors, emphasize humanitarian concerns, and present a compelling case for why your family deserves another chance.

Step 4: Administrative Review

The appeals body will review your case. The AAO typically issues decisions within six months, while BIA timelines vary more widely. The review is generally limited to the information submitted—you won’t get a new hearing unless the case is remanded.

Step 5: Decision

The appeals body may:

• Dismiss the appeal and uphold the denial
• Sustain the appeal and reverse the decision
• Remand the case for further action

If your appeal is denied, you may still have other options, including motions to reopen or reconsider or, in limited cases, federal court review.

Why Was My Petition Denied?

Understanding why your petition was denied is the first step toward building a stronger appeal. Common reasons include:

• Lack of sufficient evidence of a qualifying relationship
• Incomplete or inconsistent documentation
• Allegations of misrepresentation or fraud
• Medical inadmissibility or criminal history
• USCIS’s failure to consider key evidence

As a family immigration appeals lawyer in Mesa, we often uncover mistakes made by USCIS officers or spot issues that can be resolved with better documentation. Our team is committed to giving your appeal the best possible success.

Legal Framework and Governing Statutes

Several laws and regulations govern the family immigration appeals process, including:

• Immigration and Nationality Act (INA): The foundation of U.S. immigration law defines who is eligible for family-based immigration and outlines appeals rights.
• 8 CFR § 103.3: This regulation covers administrative appeals of USCIS decisions.
• 8 CFR § 1003.3: Governs procedures before the Board of Immigration Appeals.
• Matter of Chawathe, 25 I&N Dec. 369 (AAO 2010): This key case outlines evidentiary standards for immigration cases.

Citing the correct legal authority and case law strengthens your appeal. We carefully align your case with current legal precedent to maximize its effectiveness.

Statistics on Immigration Appeals

While success rates for appeals vary by case type and agency, having legal representation significantly improves your chances. According to the Transactional Records Access Clearinghouse (TRAC) at Syracuse University, as of 2023:

• Over 35% of appeals to the BIA result in favorable outcomes or remands when filed with the help of a qualified attorney.
• Appeals involving legal arguments or humanitarian concerns receive greater scrutiny and fairer consideration when supported by skilled counsel.
• The AAO’s overall approval rate is around 22% across all types, but higher in family-based cases when new evidence or misapplication of the law is demonstrated.

These figures underscore the importance of working with an experienced family immigration attorney in Mesa, AZ, who knows the system and how to work within it.

When Appeals Are Not the Best Option

Sometimes an appeal isn’t the most effective path forward. A motion to reopen or reconsider may be more appropriate in certain situations, especially if you have new evidence unavailable during the original petition process. Alternatively, re-filing a corrected application may be faster and more likely to succeed.

Our team evaluates all options before proceeding. We don’t waste time on strategies that won’t work—we create smart, tailored plans based on your specific case and goals.

Common Questions We Hear

Many clients approach us feeling overwhelmed, anxious, and unsure where to begin. Here are some of the most common questions we help answer:

Can I appeal more than once?

In some cases, yes. You may file a motion to reopen if new facts arise, or take your case to federal court if the administrative appeal is denied.

What happens to my family member while the appeal is pending?

It depends. If they’re in the U.S. unlawfully, they may still be at risk of removal unless protected by DACA, TPS, or another status. We can help you explore options for stay of removal or deferred action.

Will I need to attend a hearing?

Appeals are usually paper-based, meaning no new in-person hearing will be scheduled. However, we may request an interview or hearing under special circumstances.

Can an appeal delay deportation?

In certain removal proceedings, filing an appeal with the BIA can temporarily halt deportation efforts until the case is resolved.

Our Commitment to Your Family

We know how much is at stake. As your trusted immigration lawyer in Mesa, we are committed to walking with you every step of the way. We don’t just handle paperwork—we fight for your family’s future. From filing forms to arguing complex legal points, we treat your case as our own.

Every family has a unique story; we make sure yours is heard. Whether you’ve lived in Mesa or just arrived in Arizona seeking a better future, we’re honored to help you protect the people who matter most.

Speak with a Family Immigration Appeals Lawyer in Mesa Today

If your immigration petition was denied, don’t give up hope. The system isn’t perfect, but you have options—and we’re here to help you pursue them. As a trusted family immigration law firm in Mesa, we provide honest guidance, tireless representation, and a deep commitment to keeping families together.

Call us today to schedule your consultation. Let Nye Family Law help you turn the page and begin a new chapter—together.