Background

When USCIS denies or revokes an immigration petition, in most cases you may appeal the decision to 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 for Immigration Review, U.S. Department of Justice.

If a petition or application is denied or revoked by USCIS, you should carefully review the written decision.  The notice (Form I-292) will inform you of the reasons for the decision, notify you of the proper appellate jurisdiction and the applicable deadlines, and provide you with the correct USCIS form for filing an appeal.

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 U.S. employer petitioned for an immigrant visa for an employee living abroad, only the U.S. 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?

Review Form I-292 that notified you of the adverse decision to determine whether or not 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 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 AAO has jurisdiction over the decision, you must file the notice of appeal 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.  You may file an explanation in support of your appeal.  You must include the required fee.

Contact the immigration attorneys at Garces & Grabler for help with your appeal.

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