Filing An Appeal With the U.S. Citizenship & Immigration Services

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Has your recent petition to the U.S. Citizenship and Immigration Services (USCIS) been denied? If yes, you may be eligible to appeal the decision with the USCIS Administrative Appeals Office (AAO). In fact, both applicants and petitioners that have submitted applications to receive certain immigration privileges can appeal a denial. The appeal process is typically started by filing a Form I-290B, Notice of Appeal or Motion, though in certain circumstances this avenue for relief cannot be used.

Understanding the USCIS Appeal Process

Form I-290B is used to file an appeal, motion to reconsider, or motion to reopen with the USCIS AAO. When submitting an appeal to the AAO, you are basically requesting that a higher authority review the originally entered decision. The denial notice you received should include information about whether you should use the Form I-290B, or a different form to file your appeal. Typically, an appeal must be filed within 30 days from the date that the denial decision was entered, though a shorter period for appeal might be provided in your denial decision. While Form I-290B is the common form used to submit appeals, certain immigration issues cannot be appealed by using this form. Immigration appeals from the following parties cannot be submitted via Form I-290B:

  • Petitioners that submitted either a Form I-360 Petition for Widow(er) or a Form I-130 Petition for Alien Relative should file a Notice of Appeal Form EOIR-29 with the U.S. Board of Immigration Appeals.

  • Those who have filed a Form I-821D Consideration of Deferred Action for Childhood Arrivals or a Form I-601A Provision Unlawful Presence Waiver have no appeal rights.

  • Beneficiaries of revoked or denied visa petition do not have the right to appeal their USCIS decision.

  • Those who submit Special Agricultural Worker or Legalization applications must alternatively submit a Form I-694 Notice of Appeal of Decision.

  • Those who were denied a visa application by an overseas U.S. Department of State consular office should not use Form I-290B to file an appeal.

When submitting your Form I-290B you are not required to submit a brief. However, in order to ensure a favorable outcome you may want to have an attorney create a brief to accompany your Form I-290B that sufficiently outlines and explains why the previous decision was incorrect. Decision timelines vary and there can be lengthy wait times.

Contact an Experienced Immigration Attorney at JRQ & Associates now

The experienced immigration attorneys at JRQ & Associates are available to assist with every stage of the immigration process. Whether you’re starting a new application, or appealing an adverse decision, our experienced immigration attorneys can provide all of the legal support, services, and representation that you require. Give JRQ & Associates a call today at 312.561.5062 to discuss your particular situation.

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