Can I appeal a deportation order?

In the U.S. illegal immigrants and Green Card holders may be deported if the commit certain crimes involving moral turpitude or certain aggravated felonies. Most immigrants are misguided during their criminal proceedings, and that is why the U.S. Supreme Court held that every immigrant has a right to know the immigration consequences of a criminal conviction by a qualified immigration law attorney.

The BIA reviews decisions by immigration judges and has appellate jurisdiction over family-based immigrant petitions under INA  204 (a) as well as orders of removal and applications for relief from removal, and motions for reopening and reconsideration of decisions previously rendered. BIA may affirm, reverse, or remand the decision of an Immigration Judge. However, BIA decisions are the final administrative action in a given case.

As a matter of fact, in most cases if the BIA affirms the lower court’s decision, then you can still appeal in the U.S. Court of Appeals (U.S. Circuit Courts). U.S. Court of Appeals are the intermediate appeal courts of the United States federal Court System. Sometimes a motion to reopen to the BIA may seem a better solution, but appealing to the U.S. Court of Appeals may be the best solution.

A Court of Appeals takes decisions upon appeals from the District Courts within its federal judicial circuit, and in some cases from other federal courts or administrative agencies. U.S Courts of Appeal have 179 judges authorized by Congress and Article III of the U.S. Constitution and nominated by the President of the United States.

There currently are thirteen Courts of Appeals for the Federal Circuit, considered among the most powerful and influential courts in the United States and the final word on most federal cases. Federal Circuit has nationwide jurisdiction over certain appeals based on their subject matter. Finally there are eleven District Court Circuits, well geographically defined.

The United States Courts of Appeals have strong policy influence on U.S. immigration and criminal law, setting legal track records in regions with millions of inhabitants.

Some immigrants resort to fraud as a mean to obtain immigration benefits. However, marriage fraud is a serious immigration violation with long-lasting consequences.

To apply for a Green Card through marriage, you must show that you are legally married and have obtained a valid marriage certificate.

You must put together all your documents showing bona fide marriage, including attachments like:

  • lease or mortgage contracts showing joint occupancy or ownership;
  • birth certificates of children;
  • joint financial records like: joint bank accounts, tax returns, loans, or insurance.