Immigration Appeal

When an immigration petition or application is rejected by the United States Citizenship and Immigration Services (USCIS), applicants are notified by Form I-292. This Form will notify the applicant the reasons why the petition or application was denied, indicate which appellate body has jurisdiction and the applicable deadlines for the jurisdiction and provide the correct form to file the appeal. There are two jurisdictions responsible for appellate review, the Administrative Appeals Office (AAO), which is a part of USCIS, and the Board of Immigration Appeals (BIA), which is under the Executive Office for Immigration Review in the U.S. Department of Justice. If the AAO has jurisdiction over the appeal, the applicant must file Form I-290B, Notice of Appeal to the Administrative Appeal Office. Some of the appeals that AAO hears include denials for the Petition for Fiancee and nonimmigrant visas. The applicant filing an appeal may choose to involve an attorney or representative by filing Form G-28, Notice of Entry or Appearance as Attorney or Representative.

Fast Facts

  • Processing times for appeals to the AAO can range from 6 months for appeals to denials of the Petition for Fiancee to 25 months for appeals related to the EB2 visa for the Advanced Degree Professional.
  • When filing appeals to the AAO, depending on the type of appeal, filing time can range as little as 15 days or as much as 33 days.
  • Every application and petition processed by USCIS has its own appeals process.

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