Notice of Appeal of Decision (I-694)

Form I-694 is the form required by USCIS to appeal a denial of temporary or permanent residency, as well as any given filed waiver form. Form I-694, formally known as the Notice of Appeal of Decision per Section 245A or 210 of Immigration and Nationality Act, is used to appeal formally the decision of the current director of the USCIS on one or more grounds. Unlike many other USCIS forms and waivers, Form I-694 encourages written briefs arguing one’s case, advises use of legal counsel, and provides opportunities for oral arguments in the form of an administrative hearing, if requested by applicant.   

Deadline Considerations Pertinent to Form I-694

I-694 Notice of Appeal of Decision forms must be filed within thirty (30) days from the date noted on a Notice of Denial, which is three (3) days following the mailing of the Notice of Denial by USCIS.  There are no extensions allowed for filing Notice of Appeal of Decision, Form I-694. Furthermore, any written brief in support of appeal must be attached to Form I-694, or if desired, can be sent to USCIS Service Center no more than thirty (30) days after USCIS receives original Form I-694. 

Briefs Supporting Appeal, Oral Argument, and Legal Counsel Considerations

In addition to filing the Form I-694, applicants appealing a Notice of Denial have several beneficial options available to support their appeals case.  First, an applicant can file a written brief in support of their Notice of Appeal of Decision when filing Form I-694, which may prove extremely useful, if used properly. Second, a letter attached to Form I-694 can request an oral argument with a USCIS officer, if the oral hearing request letter demonstrates an in-person hearing will be useful and constructive. As noted on USCIS filing instruction forms, oral arguments will last no longer than 15 minutes and are to be held in the location and time of the USCIS officer’s discretion. Finally, legal counsel can be used in appeals process by filing Form G-28, Notice of Entry of Appearance as Attorney or Representative with original filing of Form I-694 Notice of Appeal of Decision.

Filing Fees and Other Costs Related to Filing Form I-694

The stated filing fee for Notice of Appeal of Decision, Form I-694 is $545. This fee will not be refunded, regardless of outcome. Additional considerations applicants should make regarding costs should include mailing and document delivery fees, given the deadlines applicable. Additionally, persons filing appeal should strongly consider the cost and use of legal counsel in the entire appeals process, which will vary in cost per each attorney’s rates. 

Getting Legal Help with Form I-694 Filing, Brief, and Oral Arguments

As noted above, persons filing Notice of Appeal of Decision should strongly consider the use of an experienced immigration attorney, specifically one that has had previous success with Form I-694 cases, including writing briefs, preparing oral hearing request letters, and engaging in oral hearing with the USCIS.