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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 status More...

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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.

Deadlines.

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:

            

I-129 F Petition for Fiancée

I-129 H1B Nonimmigrant Specialty Occupation Worker

I-129 H2, H3 

1-129 H3 Temporary Nonimmigrant Worker

Temporary Nonimmigrant Worker Current

I-129 L Nonimmigrant Intra company Transferee

I-129 O Nonimmigrant Extraordinary Ability Worker

I-129 P1, P2, P3 Athletes, Artists and Entertainers

I-129 Q Cultural Exchange Visitor

I-131 Application for Travel Document

I-140 EB1(A) Alien with Extraordinary Ability  

I-140 EB1(B) Outstanding Professor or Researcher  

I-140 EB1(C) Multinational Manager or Executive  

I-140 EB2 (D) - Advanced Degree Professional  

I-140 EB2 (I) - National Interest Waiver  

I-140 EB3 (E) - Skilled or Professional Worker

I-140 EB3 (G) - Other Worker  

I-212 Application to Reapply for Admission

I-360 EB4 Petition for Religious Worker

I-360 J Special Immigrant Juvenile  

I–360 VAWA Violence Against Women Act Petition  

I-485 Cuban Adjustment Act Application

I-485 LIFE Act Adjustment Application

I-485 Section 13 Adjustment Application  

I-526 EB5 Alien Entrepreneur

I-600  Petition for Orphan  

I-601 Application for Waiver of Inadmissibility  

I-612 Application for 212(e) Waiver  

I-687 Legalization Application for Temporary Residence  

I-698 Legalization Adjustment Application  

I-700 Special Agricultural Worker  

I-821 Temporary Protected Status  

I-905 Application to Issue Cert for Health Care Workers  

I-914 Application for T Nonimmigrant Status  

N-470 Application to Preserve Residence  

N-565 Replacement Naturalization/Citizenship Document  

N-600 Certificate of Citizenship  

N-643 Certificate of Citizenship for Adopted Child

 

Contact us by clicking this link to see how we can help. Contac Us

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