U.S. Immigration: What Happens If You Lose An Appeal?
Those facing possible deportation for breaking an immigration law, overstaying on a temporary visa, or entering the country without authorization can appeal for their case. They can do this through the Board of Immigration Appeals (BIA) or the Federal Circuit. As an end-all option, they may also take their appeal to the Supreme Court.
Appealing does not guarantee success, however. There’s always the possibility that you’ll be unsuccessful.
What Happens If You Lose An Appeal?
When you lose an appeal, you can opt to accept your deportation or to try to submit another request to a higher authority. If you lose your appeal with the Board of Immigration Appeals, you may take it to the Federal Circuit. You may also bring it to the Supreme Court in case that also fails. The Supreme Court has the power to override the Federal Circuit’s decisions.
However, if you don’t want to invest further time, energy, and money into submitting another appeal, you can also accept your deportation order. If you choose to take your scheduled deportation, you’ll be expected to arrive at a specified time and location. If you do not turn up at the selected location on time, Immigration and Customs Enforcement (ICE) may have you detained.
If You Lose An Appeal To The BIA
You may submit an appeal to the Federal Circuit. If you choose to take this route, it’s important to apply for an extension to your deportation date. You’ll likely have to wait a minimum of several months before you receive an answer from the Federal Circuit. In some cases, you’ll have to wait 8 to 12 months or longer.
If you don’t apply for an extension, you may lose your right to stay in the United States and face deportation. That’s why you should apply for an extension immediately when moving to the Federal Circuit.
If You Lose An Appeal To The Federal Circuit
If you get to the stage where you lose an appeal with the Federal Circuit, it means that your request has been rejected twice. If this happens, you should consult with an immigration lawyer. Discuss whether or not you should take the appeal to the Supreme Court.
Appealing with the Supreme Court takes a massive chunk of your finances. For the most part, the Court will only consider appeals of extraordinary cases. One such case would be persecution in your home country. The Supreme Court will consider the risks, political situation, and other factors when making a decision.
What Happens If You Accept Deportation?
The worst-case scenario is that you’ll have to accept your deportation. This can lead to plenty of consequences. One of them is you’ll have to wait several years until authorities permit you to enter the United States again. How long you’ll stay outside the United States depends on the circumstances.
However, some guidelines may provide a fair estimation of how long your ban will likely be. For example, your ban may be shorter if you have never been deported from the United States. If you have been deported on a previous occasion, you may need to wait 15 to 20 years.
You may still be able to enter the United States before your ban expires. Applying for a waiver will allow you to petition for a new temporary or permanent visa to reenter the country. This is the case if you have a parent or spouse who is a full U.S. citizen. They can sponsor you to petition for a new Green Card. That will allow you to reenter the country if your waiver is approved.
Consult With An Immigration Attorney Today
It may be disheartening to lose an appeal such as one to the Board of Immigration Appeals or the Federal Circuit. The good news is you can still escalate your request further. You can enlist the aid of an experienced immigration attorney. Lincoln-Golfinch Law will assist you in getting your appeal to the BIA or the Federal Circuit.
Summary
When losing an appeal to the BIA, you can forward your case to the Federal Circuit. Your last option for appeal would be the Supreme Court. This step takes a lot of time and money. If you’re considering it, then be sure to consult with an immigration attorney. If worse comes to worst, you will have to accept your deportation. How long before you can enter the United States will depend on your circumstances. To help you get a favorable result, be sure to consult with an immigration lawyer.
