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Background
If your petition
or application is denied or revoked by the U.S. Citizenship and Immigration Services (USCIS), in most cases you may appeal that decision to a higher
authority. The Administrative Appeals Unit ("AAU") has jurisdiction
over 40 petitions and applications (see 8 CFR ¤ 103.1 (f)(3)(iii)).
If you receive a denial notice, it will advise you of your right
to appeal, the correct appellate jurisdiction (Administrative Appeals
Unit or Board of Immigration Appeals), 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 (formerly INS) 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.
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 USCIS 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 Unit has jurisdiction over the decision, the notice of appeal
must be filed on Form
I-290B (Notice of Appeal to the Administrative Appeal Unit).
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. Forms are available online,
or by calling 1-800-870-3676, or by submitting an online request
to receive forms
by mail. Further information on forms, filing fees, and fee
waivers is available in Forms, Fees &
Filing Locations.
HELP!
- For specific
questions, contact the USCIS office that made the original decision. For general questions,
you may call the national USCIS toll-free information service at
1-800-375-5283.
- You may also
want to seek the advice of an immigration attorney, or an immigrant
assistance organization accredited
by the Board of Immigration Appeals.
- For assistance
outside of the U.S., contact the nearest
U.S. Consulate.
The
information provided in this website is not legal advice and should
not be interpreted as legal advice. This website is intended to
provide a basic understanding of this information in summary form.
This information may not be comprehensive, is subject to change,
and may not apply to all individual circumstances. Any information
received here should be confirmed with the appropriate government
agencies or with an attorney, particularly as it relates to your
individual circumstances. Your use of this website indicates your
agreement to be bound by our Terms
of Use.
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