Can You Stay in the U.S. While Your Appeal Is Pending? What Texas Immigrants Should Know
Can You Stay in the U.S. While Your Appeal Is Pending? What Texas Immigrants Should Know
Receiving a denial from an immigration judge can feel frightening and uncertain—but it does not always mean your case is over or that you must immediately leave the United States. Many individuals still have strong legal options available, including filing an appeal with the Board of Immigration Appeals (BIA) or, if necessary, a petition in the federal courts.
At ARC Legal Services, LLC, Attorney Arzoo Connor helps immigrants in Fort Worth and across Texas understand their rights after a denial and ensures they take fast, decisive steps to protect their future.
Do You Have to Leave the U.S. While Your Appeal Is Pending?
In most cases, no—filing a timely appeal allows you to remain in the United States legally while the appeal is being reviewed.
When you file an appeal with the BIA within the 30-day deadline, your case remains active. This “stays” your removal, meaning you are protected from deportation while the BIA is considering your case.
This protection applies to many types of appeals, including those involving:
- Removal orders
- Denial of asylum or withholding of removal
- Denial of cancellation of removal
- Marriage or family-based petitions
- Other immigration judge decisions
As long as your appeal is filed correctly and on time, you are generally allowed to stay in the U.S. during the entire appeals process.
Why Filing Quickly Matters
The BIA must receive your appeal no later than 30 days after the immigration judge’s decision. Missing this deadline can:
- End your ability to appeal
- Trigger immediate removal
- Limit your legal options
- Force you into the more complex federal court process prematurely
Attorney Arzoo Connor helps clients meet strict appeal deadlines and ensures every necessary document, argument, and legal brief is submitted accurately and on time.
What Happens During the Appeals Process?
Once your appeal is filed, several steps occur:
1. Your Attorney Prepares a Detailed Legal Brief
This written brief lays out all legal arguments, errors made by the immigration judge, and facts that support your position.
2. The Immigration Judge Submits the Case Record
The BIA reviews the evidence, transcripts, and the judge’s decision.
3. The BIA Reviews Both Sides
They evaluate your brief, the government’s response, and all case materials.
4. A Final Decision Is Issued
The BIA may:
- Approve your appeal, granting relief
- Send your case back to the immigration judge for further review
- Deny the appeal
The process can take several months or more—but during this time, you can remain in the United States without fear of removal.
What If the BIA Denies Your Appeal?
A BIA denial is not necessarily the end. You may still qualify to take your case to the U.S. Federal Court of Appeals by filing a Petition for Review within 30 days.
At this stage, your attorney submits detailed written briefs, and depending on the case, may even present the arguments before a panel of federal judges.
This step requires an attorney with:
- Deep experience in federal immigration litigation
- Strong legal writing and advocacy skills
- A full understanding of appellate standards and procedures
Attorney Arzoo Connor is equipped to guide clients through both administrative appeals and federal review.
Why Work With ARC Legal Services, LLC?
Appeals demand precision, knowledge, and strict adherence to deadlines. At ARC Legal Services, LLC, Attorney Arzoo Connor offers:
- Extensive experience in immigration appeals
- Strong legal brief writing and case strategy
- Compassionate representation focused on your future
- Support through BIA review and federal appeals
- Clear communication at every step
Your appeal may be your best chance to stay in the United States—and you deserve an attorney who will fight for that opportunity.
Start Your Appeal Immediately
If your immigration petition has been denied, you must act quickly to protect your rights and prevent deportation.
Call ARC Legal Services, LLC at 469-848-4151 to schedule a consultation with an Immigration Appeals Attorney in Fort Worth today.








