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Understanding Immigration Appeals and Immigrant Petition Law

October 20, 2021 Philip Levin

The law behind immigration appeals or immigration petitions can be a bit complex, and if you are looking to become a lawful permanent resident of the United States the more you can learn, the better off you will be.

However, if your case has been denied and you need immediate help your best bet would be to seek out a professional law office like Philip Levin & Associates to learn more about what can be done for your specific situation.

Let’s take a closer look at this topic and get more in-depth on some of the overarching topics related to immigration law. 

Executive Office for Immigration Review

According to their site, the EOIR is in place to expedite and uniformly interpret the nation’s immigration laws in a fair manner. It is important to note that the EOIR is independent of immigration enforcement of the Department of Homeland Security (DHS). The EOIR makes decisions on immigration cases, however, these cases can be appealed.

Form EOIR-26

An EOIR-26 form is a notice of appeal from a decision of an immigration judge. If you are looking to appeal a decision made by the Department of State’s U.S. Citizenship and Immigration Services, you will need to make an appeal through an EOIR-29 Form

The Board of Immigration Appeals

Normally, when an immigration appeal is made the Administrative Appeals Office is the body that handles it. However, in certain cases, it can be elevated to federal court through the United States Department of Justice’s Board of Immigration Appeals (BIA). 

The BIA is the highest administrative body for dealing with immigration law. If someone does make an appeal to The Board, BIA decisions are, in turn, the highest decisions for appeals specifically and can even reverse decisions made by immigrant judges at lower courts. All this said you can still file an appeal of a BIA decision to a federal circuit court if the court has jurisdiction over that specific case. 

Form I-130

Form I-130 is an important aspect of immigration law and one you should read up on. Essentially, an I-130 petition also referred to as “Petition for Alien Relative”, is documentation that formally establishes a relationship between a U.S. citizen or green card holder and a person seeking a green card.

As you can probably see by now, the laws, forms, organizations, and more that are all a part of immigration law can be complicated and difficult to deal with, luckily there is a simple solution.

Get Immigration Law Help at Philip Levin & Associates

Whether you are dealing with a green card issue, an immigrant visa, or some other problem related to immigration law, it is always best to seek professional help. Our team at Philip Levin & Associates are dedicated immigration law professionals that can help you with any step in the process and nearly all facets of immigration law from family immigration to work visas to deportation and more. 

If you would like to learn more about what we can offer, please reach out to our team today at 800-974-2691 or fill out a contact form.

You have questions. We have answers.

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TN

The TN nonimmigrant classification allows qualified Canadian and Mexican citizens to enter the U.S. and engage in professional business activities. LPPC will help you navigate through the TN application process by evaluating your eligibility, preparing supporting documentation for your application, and ultimately filing your application. 

B-1

LPPC will guide you through the consular process to receive a B-1 visa for specific short-term business purposes ranging from contract negotiations to seminars and conferences.

O-1

O-1 visas are for persons of extraordinary ability in the sciences, arts, education, business or sports. 

J-1

Administered by the Department of State, the J-1 visa is for students, trainees, academics, researchers, professionals or experts participating in an approved Exchange Visitor program. LPPC will assist you and your sponsor with preparing the necessary paperwork and the consular process so you can begin your program at ease. 

E-1 & E-2

E-1 visas and E-2 visas are for nationals of countries with which the United States has a treaty of friendship, commerce and navigation (FCN) or bilateral investment treaty (BIT). If you are a nonimmigrant trader or investor seeking to conduct business operations or develop a new enterprise in the U.S., we will help you file for the appropriate visa. As a recognized expert in this area, Mr. Levin will provide experienced and dependable assistance with E-1 or E-2 visa applications. 

  • E-1: If you are a national of a country that conducts a significant volume of trade with the U.S. (or if you intend to develop trade between the U.S. and your home country) you might be eligible for entry under an E-1 visa. 
  • E-2: The E-2 visa allows investors from treaty countries to enter the U.S. for purposes of directing and developing a business, with all the commitments and risks implicit in entrepreneurial activity. 
L-1

The L-1 visa category is for executives, managers or professionals employed by foreign affiliates of U.S companies. The L-1 visa is divided into two classifications:

  • L-1A Intracompany Transferee Executive or Manager
  • L-1B Intracompany Transferee Specialized Knowledge
H-1B

Many companies in the United States find themselves increasingly dependent on the talent, experience and energy of foreign national workers in professional, technical or specialized occupational fields. These employees typically enter the U.S. on nonimmigrant H-1B visas for “specialty occupations.” 

With extensive experience in business immigration, you can count on LPPC to guide your company or Human Resources department in preparing and filing an H-1B visa petition.

Green Card

Family preservation and reunification is a priority for our firm. Our attorneys have advised and assisted families from all over the world with entry visas, adjustment of status, and other immigration problems. 

  • Immediate Relatives: If you are the spouse, child, or parent of a U.S. citizen, we can help you obtain a green card through an Immediate Relative petition. 
  • Family-Based Preference: If your relative is a U.S. citizen or lawful permanent resident, we can assist you with your green card application through one of the family based preference categories.
Fiances

If you are a U.S. citizen and your fiancé/fiancée or spouse is overseas, our office will assist you to navigate the CIS requirements and regulations to have the case approved and then prepare you and your spouse for the interview at the U.S. Embassy. LPPC will also help you find the best ways to resolve any problems you encounter if a waiver is required in your case.

Marriage

Immigration through marriage is a common means of obtaining permanent residence in the U.S.  Since 1991, Philip Levin & Associates has helped hundreds of couples immigrate to the U.S. and build their lives together. 

  • I-130 Petition and Adjustment of Status: If you are married to a U.S. citizen, present in the U.S. and eligible to do so, our attorneys will assist you in preparing and filing the necessary I-130 petition and I-485 adjustment of status application in the U.S.
  • Immigrant Visa Consular Processing: If you are married to a U.S. citizen and reside abroad, we will assist you in preparing and filing the IV petition with an Embassy or Consulate-General in your native country. 
  • I-751, Remove Conditions on Residence: If you have been married less than two years at the time your green card was initially approved, our office will help you in the joint petition process to become a permanent resident.