ImmigrationFilter: Can I stay to appeal?

January 10, 2008 8:15 PM

ImmigrationFilter: Can I stay to appeal?

I've just come home to find a letter from USCIS with a notice of the decision to deny our family's Permanent Residency application. Not only that - according to the notice as of the date of the decision, my employment authorisation is revoked as well. I can, however, appeal the decision within 30 days.

Understandably, I'm freaked since I have no access to the immigration lawyer or my company's lawyers until the morning. Can anyone answer whether I may stay in the US during the appeal process? Or at least stay the 30 days I have to file the appeal? Do I have to leave right away?

Thanks!

posted by sweetlyvicious to law & government (7 comments total)

I don't have an answer I'm afraid... but have you also posted to visajourney.com? There's some knowledgeable folk there. Good luck.
posted by NailsTheCat at 8:23 PM on January 10, 2008

Thanks Nails, I'm looking at the site right now. It's not looking good.
posted by sweetlyvicious at 8:33 PM on January 10, 2008

Lawyer. But the right lawyer. The lawyer of the petitioner.

Are you the petitioner, or is someone else? You can't appeal if someone else petitioned -- they have to. And therefore, it needs to be their lawyer.
posted by blue_wardrobe at 9:54 PM on January 10, 2008

Thanks, Blue. I'm not the main applicant, my dad is. We all have the same lawyer though, and that's who we'll be visiting tomorrow.
posted by sweetlyvicious at 10:04 PM on January 10, 2008

IAAL, but I am not your lawyer, and I know nothing about immigration law.

It wouldn't make sense to have an appeals process, but require you to leave the country while the appeal is pending. Erego, you probably don't have to leave yet. Usually what would happen is that, if you don't file your appeal within thirty days, the judgment becomes final, and then, [whatever the judgment says. In this case, that would be that you have to leave]. If you do, enforcement is held until the completion of the appeals process. So you should be fine. But yes, do talk to your immigration lawyer, who specializes in these things.
posted by kingjoeshmoe at 11:52 PM on January 10, 2008

Was in similar situation re green card (some 15 years back, but don't think the law changed). You stay while you fight it, don't have to leave. A *good* immigration lawyer is expensive but essential and worth the money. Good luck!
posted by anadem at 4:25 AM on January 11, 2008

Wow, that sucks, I'm sorry. I would start by showing good faith effort to comply with the orders, obviously your attorney may have different advice, but I WOULD NOT WORK until you have authorization, this can get you into more trouble than staying.

As you were the beneficiary and not the petitioner, you may be able to file for status on your own.
posted by Pollomacho at 5:41 AM on January 11, 2008