Understanding Administrative Appeals

Administrative Appeal: When dissatisfied with the outcome of a legal case, parties have the right to file an appeal. In cases where an immigrant’s application to the United States Citizenship and Immigration Services (USCIS) is rejected, they can appeal to the Administrative Appeals Office (AAO). An appeal is a formal request, often in writing, for a higher authority to review an unfavorable decision. Appeals may result in the initial ruling being overturned, modified, or upheld.

In the realm of immigration, every administrative decision must undergo an appeals process, depending on the specifics of the case. The Board of Immigration Appeals (BIA) and the Administrative Appeals Office (AAO), previously known as the Administrative Appeals Unit, are the primary bodies overseeing immigration appeals.

Types of Immigration Appeals

Immigration appeals encompass various procedures based on the petitioner’s status, the nature of their application, and whether they are detained. The main types of immigration appeals include:

• Appeals before the AAO;
• Appeals before the BIA;
• Appeals related to criminal aliens;
• Actions such as Habeas Corpus, Mandamus, and APA actions;
• Petitions for Review to U.S. Courts of Appeals;
• Motions to reconsider or reopen cases;

Appeals Before the Administrative Appeals Office (AAO)

The AAO reviews decisions made by USCIS officers and can hear appeals on approximately fifty different types of immigration applications and petitions, including but not limited to:

• Most employment-based immigrant and non-immigrant visa petitions;
• EB-5 immigrant investor petitions;
• Applications for Temporary Protected Status;
• K-1 Fiancé(e) visa petitions;
• Requests for waivers of inadmissibility;
• Applications for readmission after removal or deportation (I-212 waiver);
• Certain special immigrant visa petitions;
• Orphan petitions;
• T visa applications for victims of human trafficking and related adjustments of status;
• U visa petitions for victims of criminal activity and related adjustments of status;
• Applications for certificates of naturalization and citizenship;
• Requests to preserve residence for naturalization purposes;Determinations by Immigration and Customs Enforcement (ICE) regarding breached surety bonds.

How to File an AAO Appeal

When USCIS denies an application, they provide the applicant with a letter explaining the reasons for the denial and instructions for filing an appeal or motion for reconsideration, if applicable. Most appeals must be filed using Form I-290B of the United States Customs and Immigration Service.

Form I-290B, Notice of Appeal or Motion

This form is used to file:

• Appeals with the Administrative Appeals Office (AAO);
• Motions with the USCIS office that issued the latest decision;
• Certain appeals related to Immigration and Customs Enforcement (ICE) Form I-17.

You should not use this form if you:

• Are the beneficiary of a petition. Generally, only an applicant or petitioner may file an appeal or motion.

(NOTE: If you are the beneficiary of a Form I-140, Immigrant Petition for Alien Worker and USCIS will have revoked your approved Form I-140 and advised you that you may file a motion or appeal. You may then file a Form I-290B. Please include the USCIS revocation notice with your Form I-290B)

• Want to appeal to the Board of Immigration Appeals (BIA);
• Want to appeal a USCIS “no risk” determination under the Adam Walsh Act;
• Want to appeal a Department of State consular officer’s denial of a U.S. visa application;
• Want to appeal a Special Agricultural Worker or Legalization application.

For specific filing instructions, refer to the Direct Filing Addresses for Form I-290B page.

(If you or someone you know requires assistance with an immigration appeal, we invite you to contact us for a consultation.)