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Tel: (800) 321-0627
Fax: (240) 282-7231
Mailing Address:
8201 Peters Road, Suite 1000
Fort Lauderdale, FL 33324 USA |
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Administrative
Appeals Office:
How Do I Appeal the
Denial of My Petition or Application?
Background
Where Can I Find the Law?
Who May Appeal?
How Do I Appeal?
Can Anyone Help Me?
Background
Should a petition or application
be denied or revoked by the USCIS, in most cases you may appeal that decision
to a higher authority. The Administrative Appeals Office ("AAO") has
jurisdiction over 40 petitions and applications. Please see 8
CFR § 103.1 (f)(3)(iii) for further information
. If you receive a denial notice, it will advise you of your right to appeal,
the correct appellate jurisdiction (AAO or BIA), and provide you with the appropriate
appeal form and time limit.
There are strict deadlines that must be met to properly file an appeal. The
appeal must be filed with the correct fee at the office that made the original
decision. You may file a brief (explanation) in support of the appeal. After
review, the appellate authority may agree with you and change the original decision,
disagree with you and affirm the original decision, or send the matter back
to the original office for further action.
In addition to the right to appeal (in which you ask a higher authority to review
a denial), you may file a motion to reopen or a motion to reconsider
with the office that made the unfavorable decision. By filing these motions,
you may ask the office to reexamine or reconsider its decision. A motion to
reopen must state the new facts that are to be provided in the reopened
proceeding and must be accompanied by affidavits or other documentary evidence.
A motion to reconsider must establish that the decision was based on an incorrect
application of law or USCIS policy, and further establish that the decision
was incorrect based on the evidence in the file at the time the decision was
made. Any motion to reopen or reconsider must be filed with the correct fee
within 30 days of the decision.
Where Can I Find the Law?
The Administrative Appeals Office has jurisdiction over those decisions
listed at 8
CFR § 103.1(f)(3)(iii). There is no appellate
review of denials of extension of stay or change of nonimmigrant status. Only
one appeal may be filed for each denial or revocation; there is no appellate
review of an appellate decision.
Who May Appeal?
Only the person that submitted the original application or petition
may file the appeal. The petitioner alone has standing to appeal the denial
of a visa petition. The beneficiary of a visa petition may not appeal the decision.
For instance, if a United States employer petitioned for an immigrant visa for
an employee living abroad, only the United States employer may appeal the denial.
The employee living abroad may not appeal the denial.
The person appealing the decision may be represented by an attorney or representative.
If the petitioner is represented, the appeal must be accompanied by a properly
executed Form G-28 (Notice of Entry or Appearance as Attorney or Representative).
The Form G-28 must be signed by both the attorney or representative and the
person who filed the original petition or application.
How Do I Appeal?
You should review the Form I-292 or notice of denial that accompanied the
adverse decision to determine whether you may appeal the denial of your petition
or application. The decision will inform you of the proper appellate jurisdiction
and provide you with the correct form.
If you desire to appeal the denial of a petition or application, the notice
of appeal must be filed within 30 days of the date of the decision. If you receive
the decision by mail, you must file the appeal within 33 days of the date of
the decision. If you wish to appeal the revocation of an approved immigrant
petition, you must file the appeal within 15 days of the date of the decision,
or within 18 days of the date of the decision if the decision is received by
mail.
If the Administrative Appeals Office has jurisdiction over the decision, the notice
of appeal must be filed on Form I-290B (Notice of Appeal to the Administrative
Appeals Office). The appeal must be filed with the office that made the original
decision. A brief (explanation) may be filed in support of your appeal. The
fee must be included. If you require a fee waiver, please see fee
waiver request procedures, and the USCIS
fee waiver policy memorandum. Forms are available
by calling 1-800-870-3676, or by submitting a request through our forms
by mail system.
Can Anyone Help Me?
If advice is needed you may contact our office for a consultation.
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