Board Of Immigration Appeals (BIA)

The Board of Immigration Appeals is the highest immigration appeals body in the U.S., reviewing lower court decisions and setting legal precedents that impact immigration law nationwide.

All Options

Board of Immigration Appeals (BIA)

The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying U.S. immigration laws. It reviews decisions made by immigration judges and certain actions by the Department of Homeland Security.

What Is the BIA?

The BIA is part of the Executive Office for Immigration Review (EOIR), under the U.S. Department of Justice. It is composed of a panel of judges who handle appeals from immigration court decisions, motions to reopen or reconsider, and certain rulings from agencies like USCIS, CBP, and ICE. The BIA ensures consistency in how immigration laws are applied across the country.

What Types of Cases Does the BIA Review?

The BIA typically reviews:

Asylum decisions
Motions to reopen or reconsider
Family-based immigrant visa denials
Waivers of inadmissibility
Bond and parole determinations
Orders of removal or deportation

Its decisions are legally binding on all immigration judges and DHS officers unless overturned by a federal court.

How the Appeals Process Works

When a case is denied by an immigration judge or DHS officer, the affected individual may file a written appeal with the BIA. A Notice of Appeal must be received by the BIA within 30 calendar days of the decision. The process involves:

Submitting legal arguments in writing—no in-person hearing
Review by BIA judges on the record of the lower decision
A decision issued, typically within 6 to 12 months

In deportation cases, a request for a stay of removal may pause the execution of a deportation order while the appeal is pending.

Why the BIA Matters

The BIA serves as a crucial safeguard in the immigration system. It is often the final administrative step before a case is taken to federal court. Its rulings not only affect individual outcomes but also set legal precedents used in future immigration cases. Because of its importance, appealing to the BIA must be done with strict attention to deadlines and legal arguments.

If you’re facing one of these bars or fear you might be, don’t wait.
Speak with a member of our team and find out what options may be available to you.

>> Book Your Consultation Today! <<

Don’t know your immigration Options? we can help

book your appointment

FREQUENTLY ASKED QUESTIONS

Q1: Can US Immigration Counsel help me get a green card through family or marriage?
Yes. Whether you’re married to a U.S. citizen, have a relative sponsoring you, or need to adjust your status, we handle family-based green card cases with care and precision.

Q2: I’m facing deportation—can US Immigration Counsel defend me?
Absolutely. We fight deportation and removal cases in immigration court, build strong defenses, and pursue every legal option to protect your right to stay.

Q3: I’m applying for asylum or a humanitarian visa. Can she help?
Yes. We represent clients in asylum, VAWA, U Visa, and TPS cases—providing strong legal and emotional support throughout the process.

Q4: I want to become a U.S. citizen. Can US Immigration Counsel help me with naturalization?
Definitely. We guide clients through every step of the naturalization process, from preparing documents to interview coaching.

Q5: Can US Immigration Counsel help with immigration waivers or appeals?
Yes. If your case was denied or you need a waiver to move forward, we’ll review your options and build the strongest possible application or appeal.

Q6: I’m an employer looking to sponsor a foreign worker. Can you help?
Yes. We assist businesses and individuals with employment-based immigration, including work visas and green card sponsorship.

Q: Can US Immigration Counsel help me bring a spouse, child, or parent to the U.S.?
Yes. Family-based immigration is one of our core strengths. Whether your loved one is already in the U.S. or abroad, we’ll guide you through every step to bring them home legally and securely.

Q: What if I already filed something on my own or with another lawyer?
No problem. We frequently help clients who started elsewhere or alone. We’ll review everything and let you know the smartest next step.

Q: Can I petition for family if I’m not a U.S. citizen?
Depending on your current status, you may still qualify. During your consultation, we’ll explore all your options and determine the best path forward.

Q: I got a court notice—what should I do?
Contact us right away. Time is critical. We’ll review your case and act fast to protect your rights and build the strongest possible defense.

Q: Can US Immigration Counsel represent me if I’m in another state or in detention?
Yes. We represent clients across the U.S. and even those currently in immigration custody. Wherever you are, we’re ready to help.

Q: What if I already lost my case?
There may still be legal options. Appeals, motions, or reopening your case could be possible—we’ll analyze everything and guide you on your next move.

Q: Do I have to be in Florida to work with US Immigration Counsel?
Not at all. Immigration law is federal, which means we can represent you whether you’re in another state or anywhere in the world. Our clients come from across the U.S. and beyond.

Q: Can we do everything remotely?
Yes. From virtual consultations to secure document sharing, our firm is fully equipped to support you no matter where you are. You’ll receive the same care and expertise as if you were sitting in our office.