If your immigration case has been denied or incorrectly decided, finding the right immigration appeals lawyer in San Francisco is essential. Appeals are complex, highly technical, and require a deep understanding of the Board of Immigration Appeals (BIA), the Administrative Appeals Office (AAO), federal appellate courts, and the rules and procedures that govern them. Contact Scott D. Pollock & Associates, P.C. to discuss how our appeals services can help you challenge unfair decisions, understand your eligibility, and pursue your immigration goals.
Why Choose Scott D. Pollock & Associates, P.C. as Your Immigration Appeals Lawyer in San Francisco?
Our firm has over 30 years of experience in handling complex appeals cases for individuals and families nationwide, including in the San Francisco Bay Area. We have worked on a broad range of cases, including tech workers on H-1B visas, asylum denials, and Long-Term Permanent Residents (LPRs) facing removal. Our talented and committed attorneys ensure that each case receives the utmost attention and the best available legal strategy.
Our attorneys have prepared and filed appeals with the Board of Immigration Appeals (BIA), the Administrative Appeals Office (AAO), and federal appellate courts. We are known for handling challenging cases, providing detailed legal briefs, identifying overlooked evidence or errors, and being strong advocates for our clients.
We are honored to have received recognition for our knowledge and success over the years.
- Our founder, Scott D. Pollock, has been included on the Illinois Super Lawyers list for excellence in immigration law since 2007.
- The Martindale-Hubbell association reports that our peers rated us as AV (very high to preeminent), reflecting our strong reputation and dedication to excellence in immigration law.
- Our firm is rated a 10, or superb, by Avvo for immigration law.
- We are active in professional organizations, including the American Immigration Lawyers Association (AILA).
Our lawyers are dedicated to providing San Francisco residents with personalized, compassionate support and clear communication at every step of the way, helping you feel valued and understood during this difficult process.
Steps to Take During an Appeal in San Francisco
Review your decision notice carefully and ensure you understand your appeal deadline.
Contact an immigration attorney immediately. Appeals require fast action, and having your case reviewed early improves your chance of success.
Gather all records, such as hearing transcripts, USCIS notices, submitted evidence, and any written decisions.
We will discuss any legal errors that were made previously and will give our recommendation for the best strategy moving forward.
Our attorneys will prepare an appellate brief with clear, well-supported arguments.
We will help you track your case and respond promptly to any requests from the court.
Immigration Challenges Unique to San Francisco
San Francisco is home to one of the largest immigrant populations in the country. More than one-third of the population is foreign-born, which contributes to the city’s vibrancy and the diversity of its communities, but also places a heavy burden on the overstressed and understaffed immigration system.
High Volume of Cases
Local USCIS offices and San Francisco immigration courts experience significant backlogs. According to Syracuse University’s Transactional Records Access Clearinghouse (TRAC), which analyzes Executive Office for Immigration Review (EOIR) data, as of mid-2025, the San Francisco Immigration Court had over 120,000 pending immigration cases.
Processing Delays
The USCIS San Francisco Field Office reports average processing times of 14 to 18 months, depending on case type. USCIS provides information on processing times for specific petitions. The high volume of applications causes delays in appeals processing.
Increased ICE Enforcement
There has been an increase in ICE arrests at immigration courts, even when someone is there for a scheduled hearing. ICE has made some people fearful of attending a hearing, undermining the appeals process. Having an immigration attorney helps ensure your rights are protected.
Our firm knows San Francisco’s local immigration landscape. We work closely with our San Francisco immigration appeals clients to manage delays, ensure appeals are filed accurately to avoid setbacks, help maintain lawful status throughout the process, and protect you when your rights are violated.
How Immigration Appeals Work in San Francisco
If an immigration judge orders deportation, your appeal usually goes to the Board of Immigration Appeals (BIA). The general steps are as follows:
File Form E-OIR26, Notice of Appeal of a Decision of an Immigration Judge with the BIA within 30 days of the court ruling. A filing fee is also due at this time.
Form E-OIR26 asks if you will be submitting a written brief. A written brief is vital to a strong case and provides a detailed explanation of the reason. One of our experienced immigration appeals attorneys can assist you in this process.
If needed, a strong and compelling oral argument is presented to a panel of three or more BIA judges.
The timeline for receiving a decision varies based on case complexity, typically ranging from six months to several years, helping you plan accordingly.
If the appeal is granted, your deportation is halted. If the appeal is denied, we will advise you on the next course of legal action.
In cases where the BIA denies the appeal, there may be grounds for taking your case to federal court. Reasons include legal errors, violations of due process, or unreasonable delays by immigration agencies.
If U.S. Citizenship and Immigration Services (USCIS) denies your visa application, asylum, adjustment of status, or waiver of inadmissibility, you may appeal to the Administrative Appeals Office (AAO) within USCIS. Typical steps to appeal include:
- Consulting one of our skilled lawyers to determine your eligibility for an appeal
- Completing and submitting Form I-290B, Notice of Appeal or Motion, within 30 days
- Preparing and submitting an appeal letter with new evidence or legal arguments
- Paying a fee
- Awaiting the decision, which can take six months or even a couple of years, depending on the case’s complexity and backlogs
If the appeal is denied, your attorney may recommend filing a motion to reopen or reconsider.
USCIS San Francisco Field Office
630 Sansome Street
San Francisco, CA 94111
(800) 375-5283
Whatever your specific circumstances, our firm will be with you at every stage to ensure that all legal requirements are promptly met.
San Francisco Immigration Court Locations and Jurisdictions
The San Francisco Immigration Court handles cases for many counties in the Bay Area and Northern California. Serving an extensive area and the region’s high immigrant population, the court often experiences extensive backlogs.
San Francisco Immigration Court
100 Montgomery Street, Suite 800
San Francisco, CA 94104
(415) 705-4415
If your case requires federal court review, appeals are presented before:
U.S Courts for the Ninth Circuit
95 7th Street
San Francisco, CA 94103
(415) 355-8000
Common Immigration Appeals in San Francisco
Our attorneys work tirelessly as strong and diligent advocates for our clients.
San Francisco residents may need an appeals lawyer for a wide range of issues. Common cases include:
Denial of asylum or humanitarian relief
Removal orders issued after court hearings
Visa petition denials for employment or family cases
Adjustment of status denials
Waiver of inadmissibility for unlawful presence or misrepresentation
Denial of motions to reopen or reconsider
Our Appeals Experience
Scott D. Pollock and Associates, P.C. has decades of experience preparing appellate briefs, identifying legal errors in rulings, and rebuilding cases that were not adequately presented the first time. Our attorneys have years of immigration law expertise and are skilled at argumentation in immigration courts.
We regularly assist clients from San Francisco’s diverse communities and offer bilingual Spanish support to our clients. We take pride in creating a comfortable environment where clients feel supported and informed during the stressful appeals process.
Local Resources for Immigrants in San Francisco
For additional assistance beyond legal services, San Francisco offers strong community support for immigrants. These trusted organizations can assist with local resources, integration, and advocacy:
- San Francisco Interfaith Council for immigration support and resources
- Catholic Charities of San Francisco Immigration Services for legal and support services
- Refugee and Immigrant Transitions for making community connections
- Immigrants Rising for education, career, and mental health assistance
While these groups do not replace legal counsel, they can be valuable partners in navigating the immigration system.
Frequently Asked Questions About Immigration Appeals in San Francisco
BIA appeals typically take several months to over a year, depending on the case and backlog.
Yes. You generally have 30 days to file an appeal with the BIA.
In many cases, yes. Filing a timely appeal may pause deportation, depending on the type of order.
Yes. Many cases are reversed or sent back to the court when errors are found.
Speak to an Experienced Immigration Appeals Lawyer for San Francisco Residents
If you believe your immigration case was decided incorrectly, you still have options. The appeals process is your opportunity for a fair review. Our attorneys understand how to navigate appeals with skill, precision, and dedication.
Call our office or contact us online to schedule a secure video or phone consultation today.