Houston Immigration Appeals Lawyer

Challenging a Denial Before the BIA, AAO & Federal Court

A denial from USCIS or an immigration judge isn’t the end of your case. The appeals process gives denied applicants a structured path to challenge that decision before a higher authority. That may be the Administrative Appeals Office (AAO), the Board of Immigration Appeals (BIA), or a federal circuit court. The window to act is narrow, and missing a filing deadline can make the original adverse decision final.

Attorney Mana Yegani has more than a decade of immigration legal experience and serves immigrants and their families throughout the Houston area. As your immigration appeals attorney, she works directly with clients rather than passing cases to junior staff. Her team communicates in Farsi, Spanish, and Russian.

Decisions that can be appealed include:

• Citizenship application denied
• Waiver of ground of inadmissibility application denied
• Visa petition denied
• Immigration case denied by USCIS
• Received a USCIS Notice of Intent to Deny

Why Houston Clients Choose Attorney Mana Yegani for Appeals

Immigration appeals turn on the quality of the legal arguments and the attorney’s familiarity with the system deciding the case. Attorney Yegani has built working relationships of mutual respect with Houston immigration judges, government lawyers, and agents of USCIS and ICE. That familiarity with the people and procedures of the local immigration system directly informs how she prepares and presents an appeal.

During the Trump Travel Ban, Attorney Yegani’s advocacy on behalf of immigrants earned her international recognition and the Unsung Hero Award. Her commitment to clients is reflected in a 5-star rating on Avvo and the Clients’ Choice Award. Clients who don’t speak English as a first language work with a team fluent in Farsi, Spanish, and Russian. That is one less barrier at an already difficult time.

How We Handle Your Immigration Appeal

Attorney Yegani represents citizens, Lawful Permanent Residents (LPRs), nonpermanent residents, and undocumented individuals across the full range of immigration matters. When you retain our firm for an appeal, we handle the procedural and substantive work, including preserving the relevant record.

Our appeals work includes:

• Coordinating your appeal and preparing the legal brief or memo
• Tracking applicable filing deadlines
• Gathering and organizing supporting documentation
• Representing you in any legal forum the appeal requires

A strong legal brief is the foundation of any immigration appeal. Before the BIA and the AAO, the written arguments are the primary basis on which a case is evaluated. Attorney Yegani drafts those arguments with the judges and adjudicators in mind, drawing on years of working within the Houston immigration system.

Appealing USCIS Denials Through the AAO

Some USCIS petition and application denials fall under the jurisdiction of the Administrative Appeals Office (AAO), which conducts a paper review. The AAO doesn’t hold hearings. Unlike some other review bodies, the AAO may consider new documents and evidence submitted with the appeal, but your written submission remains the core of your case. A USCIS appeal may require Form I-290B, Notice of Appeal or Motion, but eligibility, filing instructions, and deadlines depend on the benefit type and decision being challenged. The applicable decision notice and current USCIS instructions control. Filing an AAO appeal doesn’t automatically stay a departure date or pause other pending decisions in your case.

If the AAO rules against you, a petition for review may be available in limited circumstances, subject to the applicable jurisdictional requirements and deadlines. The Houston Immigration Court operates under the Executive Office for Immigration Review (EOIR) and is the local venue where immigration judge decisions originate before any BIA appeal.

Appealing Immigration Judge Decisions Through the BIA

The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying immigration law, and it reviews decisions made by immigration judges and DHS district directors. If you received an unfavorable ruling at the Houston Immigration Court, a timely immigration court appeal to the BIA may be your next step. Form EOIR-26 is used to appeal an immigration judge’s decision, and the Notice of Appeal generally must be received by the BIA within 30 calendar days after the oral decision or mailing of the written decision. Miss that window and the court order may become final.

A BIA appeal may affect the finality of an immigration judge’s order, but the effect on removal and whether a separate stay of removal is needed depend on the case and current governing procedures. After receiving the Notice of Appeal, the BIA sends a receipt and provides instructions or a briefing schedule with a deadline for the appellant’s written brief. The BIA decides most cases through paper review. Oral argument is rare and, when granted, is held at the BIA’s headquarters in Falls Church, Virginia.

If the BIA rules unfavorably, a petition for review with the appropriate U.S. Circuit Court of Appeals generally must be filed within 30 days of the BIA’s decision. For Houston-area cases, that is typically the Fifth Circuit Court of Appeals when its jurisdictional requirements are met. There is no automatic stay at the circuit level, so a separate stay of removal may need to be requested to prevent removal while the appeal proceeds.

Motions to Reopen & Motions to Reconsider

In some cases, a motion to reopen or a motion to reconsider may be the right path alongside or instead of a direct appeal. A motion to reopen asks the BIA or immigration judge to reopen proceedings based on new facts or evidence. A motion to reconsider asks for review of legal errors in the prior decision. Attorney Yegani can help you determine which course, filing requirements, and deadlines fit your situation.