If you receive a letter from the U.S. Department of Justice, Executive Office for Immigration Review advising receipt of your appeal of a decision made by the USCIS you may wish to have an attorney represent you at the hearing. However, your attorney or Accredited Representative must complete and file with the Board, specific forms and in a timely manner prior to a meeting with the board.
There are any number of reason why you may be declined by the USCIS or U.S. Embassies to sponsor a relative on the basis of a family visa. The birth certificate, marriage certificates or other family identifying documents may be not have been filed in your country of origin in a timely manner. There are cases where father's names are placed on birth certficates decades after the birth of a child, and the USCIS may question this practice or doubt the validity of the document. You can expedite the proof of your relationship to a beneficiary in another country via a DNA test. DNA tests are used to prove maternity, paternity, full siblings vs. half siblings and grand paternity. Your local DNA collector can advise you on what type of test to request to insure reliable and accurate results. All DNA tests used for the purpose of immigration must be performed by an American Association of Blood Banks (AABB) accredited laboratory and original results are sent directly from the AABB accredited laboratory to the USCIS or U.S. Embassy offices. The process may take several weeks or months and in your own best interest, you should work with your local DNA collector so that in the event you need to follow up - you will be working with someone in your community - not another state or country.
Within 15 days of receipt of notice from the Board of Immigration Appeals your attorney or Accredited Representative must complete a form EOIR-27 (Notice of Entry of appearance as Attorney or Representative before the Board). If the forms are not filed in a timely manner, you will be considered as "pro se" - that is representing yourself and all noticies and the Board's decisions will be sent only to you at the most recent address of record.
Your appeal may be dismissed for a lack of jurisdiction, unless there is a clear indication that your attorney represents you, the petitioner, and you have authorized the appeal. Only the petitioner (sponsor) may appeal the denial of a visa petition or a fine (except in limited circumstances of self petition battered spouse or widow).
The board will not recognize a Form G-28 (Notice of Entry of appearance as Attorney or Representative), which is used in proceedings before USCIS, and will not recognize a Form EOIR-28 (notice of Entry of Appearance as Attorney or Representative before Immigration Court), which is used only in proceedings before an Immigration Judge.
Additionally, if you change your address while your appeal is at the Board, you must file a Form EOIR-33/BIA Change of Address Form with the Board within 5 business days. A copy of your change of address must be filed with the USCIS office that controls your file.
Use of an overnight courier service strongly recommended and encouraged to ensure timely filing and receipt of documents.
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