11/12/2009 In re N-J-B: Case originally denied because court found marriage was not
bona fide, Client was granted permanent residency . More...
9/24/2009: In re CMDP -The client came to us because he was denied adjustment of
When an immigration petition or application is denied or revoked by USCIS, that decision
may, in most cases, be appealed to a higher authority for review. In immigration
proceedings, the appellate review authority is divided between two separate government
agencies: the Administrative Appeals Office (AAO) within USCIS, and the Board of
Immigration Appeals (BIA), under the jurisdiction of the Executive Office of Immigration
Review, United States Department of Justice.
If your petition or application has been denied or revoked, you should carefully
review the written decision that is issued by USCIS. The notice will inform you of
the reasons for the decision, notify you of the proper appellate jurisdiction, the
applicable deadlines, and provide you with the correct USCIS form for filing an appeal.
If it is unclear contact us and we can assist you in determining the deadline and
appropriate appeals court.
Who May Appeal?
Only the person who submitted the original application or petition may file the appeal.
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.
How we can help.
We will review your Form I-292 as well as the notice of denial that accompanied the
adverse decision to determine whether or not you may appeal the denial of your petition
or application. We will inform you of the proper appellate jurisdiction and prepare
the correct documents and brief and additional evidence as required.
If you want 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 Appeal
Office). The appeal must be filed with the office that made the original decision.
A filing fee is required and must be included. If you require a fee waiver, a fee
waiver may be given in some instances.
Contact us by clicking this link to see how we can help. Contac Us.
Types of cases the Administrative Appeals Office Handles: