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| There are three (3) separate schedule of fees, which vary depending on their complexity from appeals of a "single issue" to "multiple issues" as described below.
The information below will assist you in determining the actual cost of having us represent you in your administrative appeal to the BIA (or in your client's appeal if you are an attorney). Our commitment to you or your client is that-- once we have agreed to prosecute a single issue appeal, we will complete and prosecute the appeal process before the BIA for the costs contracted regardless of the hours that it will actually take to complete the appeal process.
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"Single Issue" (or Level A) Appeals to the Board of Immigration Appeals
Level A appeals consist of "single issue" appeals such as for example, an alien’s failure to establish “statutory eligibility” (based on discretionary grounds) for either asylum, suspension or cancellation of removal, including a finding of ineligibility for 212(c), (h) and (i) waivers of inadmissibility (among others) usually filed in conjunction with an application for adjustment of status.
Level A appeals also comprise those appeals from decisions of Immigration Judges that have pretermitted the application(s) for relief for any reason.
These Level A appeals are billed at $ 74.00 per hour (minimum of 20 hours), which include the attorney-paralegal hours involved in the examination of the court transcripts, review of the applicable precedent and all evidence in the subject’s file (if available), and in the preparation and the filing of the appeal brief with the Board of Immigration Appeals via certified or express mail. The total amount usually billed for Level A appeals is $1,480.00. This sum is paid in advance at the time of Immigration AppealWorks® involvement in the case.
Level A appeals are accomplished as intended, within the estimated minimum of 20 hours and where additional hours are required in accomplishing its completion, they are absorbed by Immigration AppealWorks®. The fees include the preparation and filing of the Notice of Appeal (or amended notice), if needed. The appeal fee ($110.00) is not included.
Click To Learn Whether Your Case Is A Level A Appeal
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"Multiple Issues" (or Level B) Appeals to the Board of Immigration Appeals
Level B appeals consist of "multiple issue" appeals, usually involving discretionary, statutory and/or procedural due process grounds. These appeals may even involve the need to file a pre-briefing motion before the Board of Immigration Appeals to either exhaust a particular issue, or where the need to introduce “new” evidence is prevalent and permission to present it must be sought. The attorney and paralegal hours involved in these appeals include the examination of the court transcripts, review of the applicable precedent and all evidence in the subject’s file (if available), and in the preparation and filing of the appeal brief with the Board of Immigration Appeals via certified-express mail. They also include the attorney-paralegal time involved in the strategizing of the case, including the likelihood of success on any other issue that, although may not be decisive as to the merits of the case, may nonetheless be of sufficient benefit to the practitioner/client in the overall long term strategy of the case. These appeals involve additional attorney and paralegal hours of research because they are inherently more complex and challenging than those in a Single Issue or Level A appeals. These appeals are billed at $ 109.00 per hour and require a minimum of 22 hours. The total amount usually billed for Level B appeals is $2,398.00.
Level B appeals are accomplished as intended, within the estimated minimum of 22 hours. This sum is paid in advance at the time of AppealWorks® involvement in the case. The above fees include the preparation and filing of the Notice of Appeal (or amended notice), if needed. The appeal fee ($110.00) is not included.
Where it becomes evident at the outset (after a preliminary review of the case, the court transcripts and a careful examination of the issues involved in Level B appeals) that additional hours may be necessary to complete the appeal process, AppealWorks® will inform and consult with the practitioner/client in advance and will seek his or her approval before going forward with such an appeal.
Click To Learn Whether Your Case Is A Level B Appeal
Level C Appeals to the Board of Immigration Appeals
These Level C appeal cases involve the prosecution of administrative appeals on discretionary decisions and orders against criminal aliens with specific attention to raising a viable constitutional issue, which otherwise would be unreviewable because of prohibitory statutes (such as Immigration and Nationality Act, §242(a)(2)(B) and (C)). Where the sole issues invoked are grounded on abuse of discretion, in addition to such a showing there is a strategic mandate to preserving and raising constitutional issues to defeat a summary dismissal of a petition for review in the courts of appeals of the United States. These cases are reviewed with each practitioner/client individually and fees are determined on a case- by-case basis at the conclusion of their review.
As in Level B appeal cases, Level C appeals may require the submission of a pre-briefing motion before the Board of Immigration Appeals in order to exhaust an issue or seeking permission to introduce new evidence. As in all appeal cases to the Board, the appeal fee of $110.00 is not included. You may wish to use PayPal to make your payment in full. However, if you chose the PayPal services, please note that there is a relatively small one time transaction fee charged by PayPal for which you will be billed from our office after your use of their services. You may also chose to make a direct bank transfer if this would be more convenient for you. In that event, you may be charged a fee, if any, by your own bank for making the transaction. We would not charge any fees to you for such bank transfers.
For more information on individual Level C appeal cases, please fax us a memorandum detailing the preliminary factual and legal grounds. We will then contact you at your request.
Click To Learn Whether Your Case Is A Level C Appeal
Petitions for Review to the Court of Appeals from Orders of the Board of Immigration Appeals
Petitions for Review are filed with the Courts of Appeal within the particular circuit where the administrative lower proceedings were held. The legal fees involved in representing an alien in this type of cases may only be quoted after we have been able to determine the specific issue or issues in each case. To obtain more information on our fees in filing and prosecuting a petition for review, please contact us by email, fax, or telephone to discuss the issues that may be presented and a determination of our fees will be made at that point. The hourly fees are generally the same as Level B appeals to the Board of Immigration Appeals.
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