How do I appeal for this case? 8 Answers as of January 08, 2012

The appeal process may have been outlines in the documentation she received after signing documents at the port of entry. IF not, it is necessary to contact an immigration attorney to screen the case, facts and legal merit for the appeal.

Your case seems complicated in that a person is usually not returned from port of entry unless he/she is in-admissible for various reasons; or has a pre-existing deportation order. Nevertheless, the person may be eligible for relief and/or reopening his/her immigration case. I strongly recommend you consult with an attorney regarding options, if any. Good luck and thank you.

It seems that there is no appeal here. She had the option to fight her case in court. It appears that she waived that opportunity by signing the documents.An attorney would have to review all the documents to explore the duress argument. She needs to make a Freedom of Information Act request.

There is not appeal. The person gave it up voluntarily by signing Form I-407. Although the person might have felt duress, the form usually clearly says the it was done "knowingly and voluntarily". That pretty much seals it unless you can demonstrate that this was not the case.

There is no appeal aftersurrenderingthe green card. She may apply again if she is eligible (if she has qualified relatives, for example).

This is not something you can appeal. When you say revoked, you mean the person signed an I-407 abandonment of LPR status? I suppose one solution would be to attempt entry again and then requested to be placed in removal proceedings to plead case before the immigration judge but it will be hard going because you need to show ties to the U.S. and the intent to be here. I dont know the reasons for the initial problem in 2010 but I do know that the person has been out a year.

Unfortunately, you may not be able to appeal this decision. The problem is that the beneficiary withdrew the petition voluntarily. There is also an issue with timeliness as the voluntary decision was made in 2010. The decision may be able to be challenged depending upon the particular circumstances. However, we would need additional information regarding the beneficiary and their immigration status as well as the basis for which she was denied entry and the circumstances of her detention to assess the matter thoroughly.

This has become a real issue at ports of entry. The best thing you can do is to hire an AILA attorney to review the full file and the person's history to see if the green card was legitimately revoked. If it was not, then she can try to fight this out via the court system. Normally if a person is out for 365 days or more the card is automatically revoked but intent to retain in extreme situations can override the timeline.