Does An Appeal Automatically Grant A Stay From Deportation?

For certain types of cases, an appeal will automatically grant a stay from deportation. In other words, the court will block the DHS from deporting an immigrant during the appeals process. For instance, if a petitioner appeals a deportation order on the merits of his or her case, the judge will usually grant a stay while BIA renders their decision. BIA decisions can take between 6 and 12 months, sometimes longer depending on the complexity of the case or the number of appeals they are handling.

In other cases, the stay could be granted at the discretion of the judge or the BIA. This is especially true in cases where an appeal is granted on a procedural technicality. Your lawyer can guide you through this process and make recommendations on how you should handle a deportation order while you are appealing the decision.

Does It Cost Money To Appeal The Decision?

Sometimes. There are certain requests related to bond or asylum that do not have filing fees. Typically, a BIA appeal will cost the petitioner $110 to file. You can pay this by check or money order.

In addition, the individual appealing the decision may request a waiver if they, due to some hardship, cannot afford to pay the $110. The applicant must be able to demonstrate that they cannot afford the filing fee.

Lozano Law Firm - Abogados de Inmigración

5718 University Heights Blvd #104

San Antonio, TX 78249

(210) 899-2290

https://abogadolozano.com