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. Her team communicates in Farsi, Spanish, and Russian, and clients work directly with her rather than being passed to junior staff.

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 take over the procedural and substantive work so nothing falls through the cracks.

Our appeals work includes:

• Coordinating your appeal and preparing the legal brief or memo
• Tracking and meeting all 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

Most USCIS petition and application denials fall under the jurisdiction of the Administrative Appeals Office (AAO), which conducts a paper review of the existing record. The AAO doesn’t hold hearings. Your written submission is your case. Most appeals must be filed within 30 calendar days of personal service of the initial denial, or 33 calendar days if the decision was mailed, using Form I-290B, Notice of Appeal or Motion, though some case types follow a different procedure. Filing an appeal with the AAO 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 can be filed with the appropriate U.S. Circuit Court of Appeals, and in limited circumstances, cases may reach the U.S. Supreme Court. 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 BIA appeal may be your next step. The Notice of Appeal must be filed within 30 days of the immigration judge’s decision. Miss that window and the court order becomes final.

When a timely appeal is filed, the immigration judge’s order is generally not final, and removal proceedings are stayed while the BIA considers the case. After receiving the Notice of Appeal, the BIA sends a receipt, a transcript of the original decision, and 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 must be filed within 30 days. No automatic stay applies at the circuit level, so a separate stay of removal may need to be requested to seek 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 fits your situation.