Receiving a "NO" after investing time, money, and high hopes into legalizing your immigration status can feel overwhelming. This rejection often leads to the feeling that all legal options have been exhausted. However, it’s important to remember that there are still viable alternatives that could change the course of your immigration case and offer you a new opportunity.

In the face of this challenging situation, a key option to consider is filing an appeal with the US Board of Immigration Appeals (BIA). The BIA is an administrative court responsible for reviewing decisions made by immigration judges and certain rulings issued by the U.S. Citizenship and Immigration Services (USCIS).

Appealing to the BIA can make a significant difference in your case, giving you a second chance to correct mistakes and defend your right to remain in the country and reunite with your loved ones.

If you're wondering, can you appeal an immigration judge decision? The answer is yes — and the process starts with the Board of Immigration Appeals (BIA). We know this process may seem intimidating, but you are not alone. Having the support of an experienced legal team can provide the guidance and peace of mind you need to navigate this path with greater confidence. Remember, there is still hope, and this could be the first step toward a more promising future.

This free resource has been carefully created to provide you with the information and guidance needed to navigate this challenging process. Our goal is to help you understand the key aspects of filing an appeal before the BIA, avoid common mistakes that could harm your case, and make informed decisions on how best to proceed at this crucial moment in your life. We are here to offer the support and assistance you need to move forward with hope and determination as you defend your future.

What is the BIA, and why is it so important? 

The Board of Immigration Appeals (BIA), part of the Executive Office for Immigration Review (EOIR), is the administrative body responsible for reviewing appeals in cases involving deportation, asylum, and other matters within the U.S. immigration system. While its jurisdiction is nationwide, the BIA is headquartered in Falls Church, Virginia, and consists of 15 members. These members primarily review cases through written submissions without oral arguments in most situations.

Following a denial of your immigration application, the BIA represents a critical path to a second chance. This body reviews the decisions of immigration judges, interprets laws, and sets legal precedents for future immigration rulings, which can play a decisive role in determining whether you remain in or are removed from the country.

If you believe an error occurred in your case—whether due to a misinterpretation of facts or an incorrect application of the law—you have 30 days to file an appeal with the BIA. This process allows you to request an administrative review of the initial decision and appeal with the goal of achieving a modification of the judicial ruling.

If you do not act strictly within the 30-day deadline, the judge's decision will become final, binding, and irreversible. In the event of a denial, it is essential to be mindful of deadlines to prevent permanent removal from the country.

What cases does the US Board Of Immigration Appeals handle?

Typically, the BIA reviews cases such as: 

1. Appeals of immigration judge decisions, including deportation or removal orders, denials or approvals of asylum applications, cancellation of removal, adjustment of status, and/or decisions on immigration bonds in certain circumstances. 
2. Appeals of DHS (Department of Homeland Security) decisions, such as family-based petitions (I-130) denied by USCIS, revocations of previously approved benefits, and/or penalties against transporters or employers. 
3. Legal motions to reopen a case (due to new evidence, for example) and/or motions to reconsider (due to legal or factual error). 
4. Inadmissibility cases involving an immigrant, such as criminal records, fraud, etc., and/or cases determining whether a specific act constitutes grounds for deportation. 

Cases the BIA does not handle 

First, the BIA limits its review to criminal cases that have an intrinsic connection to U.S. immigration law. This means that criminal cases unrelated to immigration matters fall outside its jurisdiction. 

Second, the BIA does not have the authority to review decisions made by federal district courts or circuit courts of appeals. Its role is focused on reviewing administrative decisions made by DHS officials and agencies, as well as certain determinations by immigration judges.

Finally, it’s important to emphasize that the BIA does not provide legal advice or representation to individuals appearing before it. Parties involved in proceedings before the BIA must secure their own legal representation if they wish to do so.

What Does This Guide Include? 

Appealing an immigration decision can feel overwhelming and, at times, discouraging. That’s why we’ve prepared a simple, comprehensive guide to walk you through this process step by step and address frequently asked questions. Our goal is for you to know what to do, how to do it, when to do it, and who to do it with after reading it. 

Here’s what you’ll find inside: 

1. A clear and complete explanation of what the BIA is and the types of cases it handles. 
2. A detailed explanation to help you understand whether you can appeal to the BIA based on your case’s specifics. 
3. Information on how and within what timeframes a BIA appeal is processed. 
4. Guidance on the best practices for drafting an appeal. 
5. Criteria to help interpret the possible decisions the BIA might issue. 

This guide was designed with one purpose in mind: to clear up your doubts. Whether you’re considering filing your own appeal or simply seeking a deeper understanding with legal support, this resource has been meticulously crafted by the team at Tingen Law to address your needs and goals. 

If you’re considering an appeal, you can schedule your first consultation with Tingen Law for free when you download this guide.

Hiring a BIA Lawyer From Tingen Law Can Make All the Difference  

We know there are many immigration attorneys in the United States who can provide legal support during a BIA appeal process. But if you’re looking for a BIA lawyer in Virginia who offers more than just legal services, you’ve come to the right place. At Tingen Law, we provide genuine care, proven experience built over years of successful cases, and a human-focused approach that can make a real difference between staying in the country or facing deportation.

What truly sets us apart from other firms is: 

• Proven Experience: 

For over a decade, we’ve helped people like you overcome unfavorable decisions in their immigration cases. 

We’ve successfully handled hundreds of cases related to BIA appeals.  Our team of attorneys in Virginia has developed strong internal systems to avoid errors, anticipate complications, and deliver exceptional results with consistent quality, even in highly complex cases like BIA appeals. 

• Personalized Attention — In Your Language: 

Every immigration story is unique, and that’s how we treat it. Our attorneys design tailored legal strategies based on your specific circumstances, whether you’re facing a straightforward process or a complex case like a BIA appeal. And yes—we speak Spanish. That means we can communicate clearly and directly, without language barriers. Our goal is for you to feel heard, understood, and fully supported throughout your immigration process. 

• Clear and Transparent Communication: 

One of the most common frustrations immigrants face is the lack of communication or updates during their legal process. At Tingen Law, we understand that being well-informed reduces stress, empowers our clients, and minimizes errors that could lead to unfortunate outcomes. 

That’s why we prioritize clear, honest, and ongoing communication. We’ll explain every step we take, every document we prepare, and make sure you’re always up to date on the status of your case to ensure effective collaboration that leads to a successful outcome. 

• Nationwide Service — No Matter Where You Are, Tingen Law Is With You: 

While we’re known as immigration attorneys in Virginia, our services aren’t limited by location. Immigration law is federal, which means we can represent clients anywhere in the United States and around the world. 

We’ve successfully worked with individuals from all 50 states and numerous countries, and it would be an honor to help you or your loved ones, wherever you are. 

While you can file a BIA appeal on your own, having someone who understands the system can make a world of difference in your case—especially in such strict, technical, and complex processes as appealing an initial ruling. Don’t put your future at risk. Schedule a consultation with one of our attorneys at Tingen Law to thoroughly review your case.