Appeal with the Administrative Appeals Office
Appeal with the Administrative Appeals Office
/
When an immigration application or petition is denied by the U.S. Citizenship and Immigration Services (USCIS), individuals have the option to file an appeal with the Administrative Appeals Office (AAO). The AAO is an administrative appellate body that reviews certain USCIS decisions.
The AAO plays a crucial role in considering appeals for approximately 50 types of immigration applications and petitions, including most employment-based and non-immigrant visa applications, as well as requests for permission to reapply for admission to the U.S. after deportation, commonly known as the I-212 waiver. Our dedicated team is well-versed in navigating the complexities of AAO appeals, ensuring that your case receives the attention and expertise it deserves.
Appeals to the AAO must be filed within 30 days from the date the USCIS officer renders their decision.
While the standard processing time for AAO appeals is typically around 6 months, certain cases may take longer. However, in cases of hardship or emergencies, you can explore expedited appeal options to accelerate the resolution of your case.
The AAO plays a crucial role in considering appeals for approximately 50 types of immigration applications and petitions, including most employment-based and non-immigrant visa applications, as well as requests for permission to reapply for admission to the U.S. after deportation, commonly known as the I-212 waiver. Our dedicated team is well-versed in navigating the complexities of AAO appeals, ensuring that your case receives the attention and expertise it deserves.
Appeals to the AAO must be filed within 30 days from the date the USCIS officer renders their decision.
While the standard processing time for AAO appeals is typically around 6 months, certain cases may take longer. However, in cases of hardship or emergencies, you can explore expedited appeal options to accelerate the resolution of your case.
The AAO is responsible for reviewing determinations made by USCIS officers
- Employment-Based Immigration: Immigrant and non-immigrant visa petitions.EB-5 immigrant investor petitions.
- Humanitarian Cases: Temporary Protected Status applications.K-1 Fiancé(e) visa petitions.
- Applications for a waiver of inadmissibility. I-212 waiver for permission to reapply after removal/deportation.
- Special Immigrant Cases: Certain special immigrant visa petitions.Orphan petitions.
- Victims of Trafficking and Criminal Activity: T visa applications for victims of human trafficking.U visa petitions for victims of criminal activity.
- Naturalization and Citizenship: Applications for certificates of naturalization and citizenship.
- Applications to preserve residence for naturalization purposes.
- Enforcement Matters: Immigration and Customs Enforcement (ICE) determinations on breached surety bonds.
It's essential to note that the AAO does not handle field office rejections of immigration benefit requests. In such cases, where USCIS rejects a request, there is no filing date or merits-based decision for the AAO to review.
Additionally, the AAO's jurisdiction does not extend to decisions made by Immigration Judges or Department of Homeland Security (DHS) officials during the immigration court process. If appeals are necessary for such decisions, they are typically directed to the Board of Immigration Appeals.
AAO appeal process
When the USCIS denies an immigration application, a detailed letter is issued to the applicant, outlining the reasons for the denial. In cases where the decision is appealable, the denial letter provides guidance on the process of filing an appeal or a motion for reconsideration.
To initiate the appeal process, the appellant must submit a Notice of Appeal (Form I-290B) to the AAO. This form must include the required information, such as the reasons for the appeal, supporting legal arguments, and any additional evidence or documentation. However, it's crucial to note that certain immigration categories may have distinct appeal requirements. Therefore, individuals are advised to carefully review both the denial letter and consult the AAO website for specific instructions.
Appeals must be submitted within:
Please be aware that specific USCIS petitions may have a shorter 15-day appeal period. This information will be clearly outlined in the USCIS letter accompanying the denial.
When preparing an appeal to the AAO, it is essential to clearly outline any errors of law or fact committed by the USCIS officer in the initial decision. This information can be presented by the immigrant or their legal representative in two ways:
The AAO conducts a thorough review of the appeal, including a review of the USCIS decision, the appellant's arguments, and the supporting documentation. The AAO may request additional evidence or clarification if necessary.
By diligently addressing errors and presenting a comprehensive appeal, individuals increase the likelihood of a successful reconsideration by the AAO. It is crucial to adhere to specific procedures outlined in the denial letter and consult the appropriate resources to navigate the appeals process effectively.
According to the AAO, 97% of appeals are completed within 6 months, some cases may take longer. Once the review is complete, the AAO issues a written decision on the appeal. The decision may affirm the USCIS decision, reverse it, or remand the case back to the USCIS for further consideration.
To initiate the appeal process, the appellant must submit a Notice of Appeal (Form I-290B) to the AAO. This form must include the required information, such as the reasons for the appeal, supporting legal arguments, and any additional evidence or documentation. However, it's crucial to note that certain immigration categories may have distinct appeal requirements. Therefore, individuals are advised to carefully review both the denial letter and consult the AAO website for specific instructions.
Appeals must be submitted within:
- 30 calendar days following personal service of the decision, or
- 33 calendar days if the decision was mailed.
Please be aware that specific USCIS petitions may have a shorter 15-day appeal period. This information will be clearly outlined in the USCIS letter accompanying the denial.
When preparing an appeal to the AAO, it is essential to clearly outline any errors of law or fact committed by the USCIS officer in the initial decision. This information can be presented by the immigrant or their legal representative in two ways:
- Written Statement: A written statement, attached to Form I-290B, is a flexible option with no specific format requirements.
- Legal Brief: Alternatively, the immigrant or their attorney may submit a legal brief, providing a structured and detailed argument. This document should encompass all the arguments the individual wishes the AAO to consider on appeal, even if these arguments were previously presented to the USCIS field office.
The AAO conducts a thorough review of the appeal, including a review of the USCIS decision, the appellant's arguments, and the supporting documentation. The AAO may request additional evidence or clarification if necessary.
By diligently addressing errors and presenting a comprehensive appeal, individuals increase the likelihood of a successful reconsideration by the AAO. It is crucial to adhere to specific procedures outlined in the denial letter and consult the appropriate resources to navigate the appeals process effectively.
According to the AAO, 97% of appeals are completed within 6 months, some cases may take longer. Once the review is complete, the AAO issues a written decision on the appeal. The decision may affirm the USCIS decision, reverse it, or remand the case back to the USCIS for further consideration.
Requirements for Appeal with Administrative Appeals Office
- Eligible Decisions: The AAO accepts appeals for specific types of USCIS decisions, such as denials of visa petitions, applications for adjustment of status, waivers, and other immigration benefits. It's important to review the USCIS guidance and regulations to determine if the decision is eligible for appeal to the AAO.
- Jurisdiction: The AAO has jurisdiction over appeals that are properly filed and fall within its authority. The appellant must ensure that their case meets the requirements for AAO review.
- Timely Filing: The appeal must be filed within the specified timeframe indicated in the USCIS decision. The deadline for filing appeals can vary depending on the type of application or petition.
- Filing Fee: There is a filing fee associated with filing an appeal with the AAO. The current fee can be found on the USCIS website, and fee waivers may be available for eligible applicants.
- Supporting Documentation: The appellant should provide all relevant supporting documentation and evidence to substantiate their appeal. This may include legal briefs, affidavits, expert opinions, or any other relevant materials that help strengthen the case.
- No Oral Hearing: Unlike some other appellate bodies, the AAO does not typically conduct oral hearings for appeals. The review is generally based on the written submissions and evidence provided.
- Further Appeals: If the appellant disagrees with the AAO's decision, they may have further options for appeal, such as filing a petition for review with the appropriate U.S. federal court. It's important to consult with an immigration attorney to determine the available options for further appeal.
We are committed to providing personalized and effective legal representation. Trust us to advocate for your rights and navigate the intricacies of the AAO appeals process with diligence and expertise. Your immigration journey is our priority, and we are here to guide you every step of the way.