Chicago and Dallas Administrative and Judicial Review Attorneys
An adverse decision in your immigration case may seem an insurmountable obstacle to living your version of the American Dream. If the decision was made incorrectly or unlawfully, however, you have options.
At Khalaf & Abuzir, our administrative and judicial review attorneys in Chicago and Dallas are committed to helping clients who are facing deportation proceedings seek formal contests.
more than 30 years of experience, we recognize the unique challenges that come with requesting a modification or overturning of an immigration agency or court decision. Acting as steadfast advocates on your behalf, our team will help you carefully traverse the immigration system, working to keep you informed and empowered throughout the journey. We will:
- File a motion to reopen or reconsider
- Request a stay of removal
- Ensure all your documentation is in order
- Present legal arguments before the court
- Represent you in administrative and judicial review proceedings
You don’t have to face this challenge alone. Call our administrative and judicial review attorneys at Khalaf & Abuzir, (708) 233-1122
Table of Contents
What Is Judicial Review?
Judicial review is a legal process through which you may challenge decisions made by immigration courts or government agencies related to your immigration case. It provides a mechanism for you to contest a ruling that you believe is incorrect, unlawful, or unfair.
During a U.S. immigration judicial review, the court will examine whether the decision-making process followed the appropriate legal procedures. Keep in mind, it does not reevaluate the factual aspects of your case. Rather, a judicial review focuses on the legality and fairness of the process.
A successful judicial review may result in your case getting overturned, modified, or sent back for reevaluation.
What Is Administrative Review?
An administrative review is a process through which you can request a review of certain decisions made by the U.S. citizenship and Immigration Services. Typically conducted by a USCIS agent or another relevant immigration authority, an administrative review will consider whether the decision was made in accordance with U.S. immigration law.
Decisions Eligible for Administrative Review
If you think your case was handled unjustly, an administrative review offers an avenue for seeking to have the decision reviewed, and potentially overturned. Some of the decisions eligible for administrative review include:
- Visa Denials
- Deportation Orders
- Asylum or Refugee Status Denials
- Adjustment of Status Denials
- Waiver Application Denials
How Do You Apply for Administrative Review?
The first step in applying for an administrative review is to file the request with the USCIS using the appropriate form. Be aware of the allowed timeframe, to ensure you file in time, and fill out the form as thoroughly and accurately as possible. You may need to file supporting documentation along with your review request, as well as pay a fee. Our immigration review attorneys will help you complete the form, gather the necessary documentation, and ensure you file on time to help maximize your chances of a favorable outcome.
How Our Immigration Lawyers Can Help
Navigating U.S. immigration laws and procedures necessitates knowledge of the regulations, and precision. Our team of immigration attorneys at Khalaf & Abuzir, have experience successfully handling administrative and judicial review cases on behalf of our clients. Working with us on your administrative or judicial review may provide ranging benefits.
We tailor our guidance to help achieve unique solutions that suit each individual client’s needs and goals. Our attorneys will leverage our knowledge of and experience with the immigration system to customize a strategy for your case.
Meticulous in our approach, we will ensure you have all the necessary information and documentation included with your filing. Further, we use our familiarity with the processes to keep you on track; making sure you do not miss any important deadlines.
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FAQs About Administrative and Judicial Review
What Is the Difference Between Judicial and Administrative Reviews?
Although similar in purpose, there are distinct differences between U.S. immigration judicial reviews and administrative reviews. A judicial review is a formal legal process overseen by an immigration judge. Like other types of legal hearings, you and your legal counsel will have the opportunity to present legal arguments, evidence, and witnesses.
Administrative reviews, on the other hand, are not the same type of legal process. Rather, government agencies, such as the USCIS or U.S. Immigration and Customs Enforcement, conduct these types of reviews.
How Long Does It Typically Take to Complete an Administrative Review?
The timeline for the completion of a U.S. immigration administrative review varies. Factors, such as the complexity of your case, the specific agency handling your case, and the agency’s current caseload, will impact how long it takes to achieve a resolution. On average, these types of reviews typically take anywhere from several weeks to several months to reach a decision. You may expedite the process by submitting all the required documentation in a timely and organized manner, and cooperating with any other requests from the agency.
What Are the Grounds For Seeking a Judicial Review?
If you believe procedural errors occurred during the handling of your case, or you feel your constitutional rights were violated, pursuing a judicial review is an essential avenue of recourse. For example, such instances may include mishandling evidence, denying you legal representation, violating due process, or otherwise denying you constitutional guarantees. The judicial review serves as a safeguard against miscarriages of justice that may occur during the immigration process.
What Documentation Do I Need to Support an Administrative or Judicial Review?
Supporting documentation often plays a vital role in gaining approval for a review, as well as evidencing why the decision should be overturned or modified.
For judicial reviews, the types of documentation our Dallas or Chicago immigration attorneys will help you gather may include any notices, decisions, or court orders issued in your case. You will also need to include other supporting evidence, such as medical records and country-specific information. Additionally, witness statements, supporting letters, and affidavits may help bolster your case.
For administrative reviews, similar documentation is needed. You may need to pay specific attention to any paperwork related to the decision that is under contest. For example, you may submit your original application, the decision notification, and any other correspondence between you and the involved agency for the review.
With either review type, your attorney will help you organize and clearly label the documentation you submit. Presenting thorough, meticulous documentation may support your case, and aid in achieving a favorable outcome to your review.
