Clear answers to urgent questions.

You have exactly 30 calendar days from the date the judge issued the decision at the hearing — not from when you received the written order, not from when you hired an attorney. Saturdays, Sundays, and holidays count. If day 30 falls on a weekend or holiday, the deadline extends to the next business day — but do not rely on that. Act before.

If the deadline passes without filing Form EOIR-26 (Notice of Appeal), the judge's deportation order becomes a final order of removal. Once the order is final, legal options are drastically reduced and enforcement can proceed. That is why it is so critical to act immediately.

In the vast majority of cases, no. The BIA rarely grants extensions of the appeal deadline. The law is strict on this point. Do not assume you can get more time — file the EOIR-26 within the deadline.

The BIA (Board of Immigration Appeals) is the highest administrative immigration appeals court in the U.S. It reviews decisions made by immigration judges. If the BIA rules in your favor, it can reverse the deportation order or send the case back to the judge with instructions. If it rules against you, you can appeal to a federal circuit court.

The EOIR-26 (Notice of Appeal from a Decision of an Immigration Judge) is the document that formally initiates the appeal before the BIA. Filing it on time is the most important step: it activates the appeal and, in most cases, generally stays the execution of the deportation order while the BIA decides. The exact effect depends on the facts of your case.

The BIA process can take anywhere from several months to over a year, depending on the complexity of the case and the court's workload. During that time, if the appeal was filed on time, you can generally remain in the U.S. and maintain your work permit.

If the BIA denies your appeal, you can appeal to a federal circuit court (Court of Appeals). This opens a new stage of the legal process. Immigrateful can advise you on the options available at that point.

Generally no. The BIA reviews the case record as it was presented before the immigration judge. In very limited circumstances, you can request that the case be sent back to the judge to consider new evidence (motion to remand), but this is not the norm. That is why having strong representation from the start is so important.

If you do not file the appeal within the 30-day deadline, the deportation order becomes final. Once the order is final, you can no longer renew your EAD on the basis of a pending case before the BIA. This means you may lose your authorization to work legally in the U.S.

Your current EAD remains valid until its expiration date. The important thing is to renew it before it expires. While the appeal is pending before the BIA, you generally have the right to apply for renewal. Contact us to evaluate your specific situation.

Yes. The government has the same right as you to appeal immigration judge decisions. This includes decisions granting asylum, cancellation of removal, adjustment of status, or other benefits. A government appeal can reverse your victory if you do not defend yourself adequately.

Generally yes, while the government's appeal is pending before the BIA. However, your specific situation depends on the type of benefit granted and other factors. Consult with an attorney to evaluate your case.

Our fee for a BIA appeal is $5,000, payable in three stages: $2,000 on signing the representation agreement, $1,000 when the case strategy is written, and $2,000 on the day the Board issues the briefing schedule. The Board's filing fee — $1,030 for the Notice of Appeal — is separate and paid directly to EOIR. Exact fees are confirmed in writing before you sign anything.

Immigrateful is the trade name of the law firm of Vladislav Salaridze, Esq., admitted in the State of New York. We limit our practice to BIA appeals and removal defense across the U.S.

Consultations are in Russian and English. The first conversation is free of charge.