Federal Litigation & Appeals

Federal Litigation & Appeals

Raleigh Immigration Appeals Lawyer

If an unfavorable decision has been made regarding your immigration status, the legal team at Gardner Law, PLLC can help you appeal the decision in pursuit of a better outcome. An appeal is a legal term for an official request to have your case re-considered by a different judge or authority. We can file an appeal if a judge determined that you should be deported, if you are being detained unfairly, or if you have been waiting an inordinate amount of time for a decision from USCIS.

Our immigration lawyers are dedicated and passionate legal advocates who do not back down in the face of adversity. We work tirelessly to give our clients the best chance at achieving their immigration goals, and are not afraid to fight for them through litigation.

Call us today at (919) 355-5134 so we can help you begin the appeals process!

Appealing Removal Orders & BIA Decisions

If you have received a removal order (deportation), it is not the end of the story. We can help you file an appeal to the Board of Immigration Appeals (BIA) or Fourth Circuit Court of Appeals, in pursuit of a reversed decision. The BIA is the highest administrative body when it comes to immigration law, while the Fourth Circuit Court of Appeals addresses immigration matters within the jurisdiction of Virginia, West Virginia, Maryland, North Carolina and South Carolina.

Making an appeal involves filing paperwork and providing a written explanation of why the removal decision was made in error. It is unlikely that you will be given another hearing to explain your case, so it is of vital importance that you have skilled legal assistance with composing this written appeal.

If a Decision Is Being Delayed

If you have received a deportation order, but have been kept in detainment for more than six months, you have the legal right to file a “habeas corpus” petition to be released from custody. Similarly, if you have been waiting an unreasonable amount of time for the USCIS to make a decision regarding your immigration case. The USCIS is supposed to make a decision 120 days after your interview; if they do not, you may file a “Writ of Mandamus” to request a decision. Our immigration appeals attorneys can assist you with filing these petition in the United States District Court and can help ensure that your applications meet all of the legal requirements.

Contact Gardner Law today to discuss your situation with us. We will evaluate your case and guide you toward your best option. Experienced and passionate, our Raleigh immigration appeals lawyers are ready to fight for you.

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Case Results

Results That Speak for Themselves
  • Approved Green Card AC21 Portability at the I-485 Interview

    We worked with her and her new employer to finalize her employment, prepare the I-485 Supplement J and gather the documentation to present at her interview under AC21 to allow her to port her I-140 and green card application.

  • Approved for Adjustment of Status Family Member Adjustment of Status Granted

    Our client wanted to apply for adjustment of status via the 245i form, based on her sister’s US Citizenship that was granted many years prior to our case.

  • Secured Their Green Cards H2B to LPR

    After successfully getting Form 9089 certified by the Dept of Labor for supervisory positions with the company, we were able to reach out to the employees and work with the company to submit an I-140/I-485 petition which was successfully approved.

  • Waiver Approved I-601A Waiver

    Waver was pending for almost one year, but it was approved and we are currently working on consular processing.

  • Received Certificate of Citizenship N-600

    This LPR client came to us worried about naturalizing because she had a bad criminal record and her naturalization application would probably be denied. After a thorough review of her family history, we realized she was already a US citizen through the Child Citizenship Act.

  • Secure a New P1 Visa for 3 Years P1 Visa

    We were able to work with his new manager to put together the needed information about their business, required licenses, and his ability to secure a new P1 visa for 3 years.

  • Released from ICE / Pending Work Permit Removal (Bond Motion)

    Immigrant had a prior order of removal from over 10 years ago. He was detained by ICE again and his US citizen wife hired us to try to get him out. We filed a Motion To Reopen his In Absentia Order with the immigration court in New Orleans, Louisiana.

  • Green Card was Granted Same-Sex, Marriage-Based Adjustment of Status

    The petition did not have any red flags but the USCIS officer interviewed them separately (Stokes Interview) and asked incredibly specific and detailed questions about their finances, work history, and friends and family.

  • Filed for I-918 U-Visa Petition U Visa Certification

    Re-submitted the request, along with the USCIS regulations noting that she had met the requirements in having provided assistance as well as her state of mind following the incident.

  • Renew Existing I-765 While Pending VAWA & I-48 VAWA

    We submitted her application, received a prima facie determination, and asked for her marriage-based I-485 to be held in abeyance until the I-360 VAWA petition could be approved.

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The Right Attorneys

May Make All the Difference in the Outcome of Your Case
  • High Quality Legal Representation

    As a member of the American Immigration Lawyers Association, the North Carolina Advocates for Justice, the North Carolina Bar Association, and the North Carolina State Bar, Attorney Gardner has a reputation for professionalism and elite representation.

  • Your Success Is Our Priority

    Hiring a knowledgeable and passionate immigration attorney to represent your interests is one of the most important steps you can take. When you come to us, we will take a personal interest in your case because we genuinely care about your success.

  • Hablamos Español

    Lead Attorney Gardner is a world traveler who speaks fluent Spanish; the entire Gardner Law support team is fluent in Spanish as well. Our attorney will personally handle each legal aspect of your case. We will help you obtain the sense of ease and peace of mind you deserve during this trying and difficult time.

  • We Educate Clients

    We will review your case, inform you of your rights, and guide you in the path that best suits your needs. We will fully equip you to make informed decisions every step of the way. We will offer you the zealous advocacy and compassionate support you deserve.