Immigration Appeal Lawyer Arlington County, VA

An immigration appeal challenges a decision by an immigration judge, the Board of Immigration Appeals, or a U.S. Citizenship and Immigration Services officer. For Arlington County residents, that process often begins at the Arlington Immigration Court on South Bell Street and can advance to the Board of Immigration Appeals in nearby Falls Church or to the U.S. Court of Appeals for the Fourth Circuit in Richmond. Law Offices Of SRIS, P.C. represents individuals and families in immigration appeals at every level, from administrative motions to federal petitions for review. Mr. Sris and the firm’s Of Counsel attorneys bring substantial experience to these matters and work to identify legal errors, strengthen the record, and present persuasive arguments to the reviewing body. To discuss an immigration appeal, call (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What Immigration Appeal Means in Arlington County

Arlington County is home to a large immigrant community, and its residents encounter a range of immigration decisions that may be appealed—from removal orders issued by an immigration judge at the Arlington Immigration Court to denials of family petitions or adjustment-of-status applications by the USCIS Washington District Office in Fairfax. An appeal is not a new trial; it is a review of the record to determine whether the original decision contained an error of law, fact, or discretion. The relevant procedural framework is set out in the Immigration and Nationality Act, particularly 8 U.S.C. § 1252 for judicial review of removal orders, and in the regulations of the Executive Office for Immigration Review at 8 C.F.R. Part 1003, which govern proceedings before the Board of Immigration Appeals.

Because the Board of Immigration Appeals is located in Falls Church—only a few miles from Arlington—the firm’s physical proximity to both the immigration court and the appellate body allows Mr. Sris and the firm’s Of Counsel attorneys to stay closely attuned to local practice and to address procedural deadlines efficiently. Appeals from Board decisions proceed to the U.S. Court of Appeals for the Fourth Circuit, whose clerk’s office sits in Richmond, Virginia. Understanding the Fourth Circuit’s rules and precedent is essential to framing a successful petition for review. The firm advises clients on whether an appeal is likely to succeed, what the timeline for review may be—which varies by case complexity and court docket—and what outcomes can realistically be pursued.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Immigration Appeal Cases

An immigration appeal begins with a thorough analysis of the underlying record. Mr. Sris and the firm’s Of Counsel attorneys review the immigration judge’s oral or written decision, examine the transcripts, and identify legal or factual errors that can be raised on appeal. Common grounds for appeal include misinterpretation of the law, failure to consider material evidence, or abuse of discretion. The firm then drafts a brief that presents the argument clearly, supported by citations to the governing statute, applicable regulations, and relevant precedent from the Board of Immigration Appeals and the circuit courts. Thorough briefing is critical because the Board and the federal courts rely heavily on the written submissions to decide the matter.

For appeals to the Board of Immigration Appeals, the firm handles the notice of appeal, the brief in support, and any reply brief. When a case requires federal judicial review, the firm can file a petition for review in the appropriate circuit court—most often the Fourth Circuit for Arlington County residents. Mr. Sris and the firm’s Of Counsel attorneys also handle motions to reconsider or reopen before the immigration judge or the Board where new evidence or changed circumstances warrant another look. Throughout the process, the firm keeps clients informed and advises them on the most realistic path forward. Every case is different, and outcomes depend on the specific facts and the legal issues involved.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. He is a former prosecutor and has been practicing law since 1997. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, giving the firm a multi-state perspective that is particularly valuable in immigration matters, which are federal in nature but often intersect with state court proceedings. Mr. Sris has testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635, demonstrating his commitment to the law and the legislative process.

The firm’s Of Counsel attorneys bring additional experience in immigration law, including prior work in law enforcement and other legal disciplines that strengthen the firm’s ability to evaluate cases from multiple angles. Together, Mr. Sris and the firm’s Of Counsel attorneys have handled immigration matters at both the administrative and federal appellate levels. The firm is available for consultation by appointment at its Arlington location, and the toll-free line at (888) 437-7747 is answered 24 hours a day.

Frequently Asked Questions

What is an immigration appeal?

An immigration appeal is a request for a higher authority to review a decision made by an immigration judge, the Board of Immigration Appeals, or a USCIS officer, and to correct any legal or factual errors. The appeal does not involve presenting new evidence; instead, it examines the existing record to determine whether the decision was correct under the law. Common types of appeals include appeals to the Board of Immigration Appeals from an immigration judge’s removal order, petitions for review filed in a federal circuit court, and administrative appeals from USCIS denials of petitions. Deadlines are strict, and missing a filing deadline can waive the right to appellate review.

How do I appeal an immigration judge’s decision in Arlington County?

To appeal an immigration judge’s decision, you must file a Notice of Appeal (Form EOIR-26) with the Board of Immigration Appeals within 30 days of the judge’s oral or written decision. The notice must be received by the Board within that period, and it should identify the errors you believe the immigration judge made. After filing, you will have an opportunity to submit a written brief. For Arlington County residents, the Board’s location in Falls Church makes it convenient for your attorney to meet deadlines and, when appropriate, attend oral argument. It is important to have an experienced attorney prepare the brief because the Board decides most cases on the written record.

What issues can be raised on an immigration appeal?

An immigration appeal may raise issues of law, fact, or the exercise of discretion by the immigration judge or USCIS officer. Examples of legal issues include a misinterpretation of a statute or regulation, the failure to apply the correct legal standard, or the denial of due process. Factual issues might involve a finding that was not supported by substantial evidence. Discretionary errors occur when the decision-maker failed to consider relevant factors or considered improper factors. The specific issues depend on the record in each case, and a careful review by an experienced attorney is necessary to determine the strongest grounds for appeal.

How long does an immigration appeal take?

The time required for an immigration appeal varies considerably based on the type of appeal and the caseload of the reviewing body. An appeal to the Board of Immigration Appeals may take several months to more than a year, depending on whether the case is decided on the briefs or scheduled for oral argument. A petition for review in a federal circuit court typically takes longer. The USCIS Administrative Appeals Office has its own timelines. While the waiting period can be stressful, careful preparation and a well-crafted brief can help the process move as efficiently as possible. The firm does not guarantee a timeline; each case is different.

Do I need a lawyer for an immigration appeal?

You are not required to have a lawyer to file an immigration appeal, but the procedural and substantive requirements are complex, and an experienced attorney can significantly improve the quality of your appeal. An attorney can identify the strongest legal arguments, ensure that all deadlines are met, and present your case in the manner most likely to persuade the reviewing body. Immigration appeals involve strict rules of procedure and standards of review, and a person without legal training may struggle to navigate them successfully. For a consultation about your specific case, call (888) 437-7747.

Also serving:
Fairfax County,
Prince William County,
Loudoun County

Immigration appeal resources:
Board of Immigration Appeals,
U.S. Court of Appeals for the Fourth Circuit,
U.S. Citizenship and Immigration Services.

Attorney advertising. Prior results do not guarantee a similar outcome.

Case results depend on a variety of factors unique to each case.