Administrative Appeal Office -AAO or Board of Immigration Appeal -BIA

Should a petition or application be denied or revoked by the USCIS, in most cases an applicant or petitioner may appeal that decision to a higher authority such as the Administrative Appeals Office or BIA.

Most appeals are handles by the USCIS's Administrative Appeals Office-AAO-which has jurisdiction over 40 petitions and applications. However, some appeals are handled by the Department of Justice's Board of Immigration Appeals -BIA.

Your right to appeal

If you receive a denial notice, it will advise you of your right to appeal, the correct appellate jurisdiction-AAO or Board of Immigration Appeals-BIA-, and provide the appropriate appeal form and time limit.

There are strict deadlines that must be met to properly file an appeal. In addition to deadlines, the appeal must be filed with the correct fee and with the office that made the original decision.

Many people have an attorney file a brief (a written explanation) in support of the appeal.

After review, the appellate authority may:

    1) agree with you and change the original decision
    2) disagree with you and affirm the original decision
    3) 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.

Any motion to reopen or reconsider must be filed with the correct fee within 30 days of the decision.

Contact Malee about your immigration appeal options to the AAO or BIA.    

 

 

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