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Case Study: An Immigration Case Appealing to Federal Court
Release Date: [2020/1/7 12:28:49]    Total read [950] Times
     When a case is rejected by the immigration office, if the immigration officer's decision makes a legal error (English error), the applicant can try to communicate with the internal high-level office of the immigration office and let the immigration office report the wrong decision to overturn, but the In most cases, USCIS will rarely say that its own decision was wrong. Generally speaking, if the applicant has the right to appeal, the applicant must submit an appeal application to the arbitral tribunal (Aministrative Appeals Tribunal in English) within the time required by law. The arbitral tribunal is not a federal court. The arbitral tribunal is lower than the federal court. The time required to submit an appeal to arbitration is absolute and there is no room for negotiation. If the applicant's application is lost in the arbitral tribunal, the applicant has the right to appeal to the Federal Circuit Court. The applicant must submit the appeal to the federal court within the time required by law. The time required to file an appeal to the arbitral tribunal is different from the time required to file an appeal to the federal courts. If the applicant cannot file an appeal to the federal court within the prescribed time, the applicant needs to apply to the federal court for an extension. The applicant needs to provide enough arguments and evidence before the judge considers whether to agree to the extension (English for ask of leave of the court), and then whether to accept the applicant's appeal.


     Recently, attorney Liu Fengwei successfully filed an application to appeal to a federal court to a client. This case is a very difficult one. After the client's student visa was refused, he did not submit an appeal to the arbitral tribunal within the time limit set by the arbitral tribunal. Therefore, his application for arbitration was lost. When this client came to Mr. Liu, he had already missed the legal time to appeal the federal court. However, lawyer Liu successfully solved the case. In the end, the federal court agreed to the extension and accepted the client's appeal.