Chicago, IL asked in Immigration Law for Illinois

Q: How do you know if an attorney has filed your appeal? Is their a confirmation of receipt from the court?

The appeal in question was to be done within 30 days of the initial decision. My friend is not sure whether the appeal was actually completed. I have tried to look into the process online but it does not go into details. I thought an appeal had to be registered and stamped but do not know if I am correct. Any information on this would be helpful. I do not know if the appeal was actually submitted and received on my friend's behalf.

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2 Lawyer Answers
Kyndra L Mulder
Kyndra L Mulder
PREMIUM
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: Your friend should be receiving from her attorney a copy of everything that is filed on her behalf. The brief is not required to be filed with in 30 days. The Notice of Appeal and fee must be filed with in 30 days.

Kevin L Dixler agrees with this answer

Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: A receipt from the Board of Immigration Appeals or from the USCIS should be sent to the attorney. That can take a month, but if he paid the filing fee in addition to the attorneys fee, this may be reassuring. The appeal depends upon what is presented to undo the denial. The application for relief remains denied until and unless there is a decision "to sustain," that is to agree with the reason for the appeal. An attorney is not required to write a brief to support the appeal, but it normally recommended. Some attorneys 'may' charge less, because they will not write a brief.

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