The Administrative Appeals Office (AAO) plays a significant role in the U.S. immigration system, allowing applicants to appeal certain unfavorable decisions made by the United States Citizenship and Immigration Services (USCIS). But what kinds of cases does the AAO handle? Understanding the AAO’s jurisdiction is crucial for those considering an appeal and wanting to ensure their case is eligible for review.
The AAO handles a variety of immigration-related appeals, including:
The AAO also reviews USCIS field office decisions revoking the approval of certain petitions.
The AAO handles appeals involving employment-based immigrant and nonimmigrant petitions, including those related to specialized occupations, extraordinary ability, and multinational executives or managers. Denials of H-1B visas, L-1 visas, and EB-1 petitions are often appealed to the AAO.
Example: If an H-1B visa petition is denied due to insufficient evidence of the job being a specialty occupation, the employer may appeal to the AAO by providing additional information to clarify the role and its requirements.
The AAO also has jurisdiction over Temporary Protected Status (TPS) appeals. TPS is a temporary immigration status granted to eligible nationals of certain countries experiencing conditions that temporarily prevent their safe return, such as armed conflict or environmental disasters.
Example: If a TPS application is denied based on an alleged criminal record or late filing, the applicant may appeal to the AAO with new evidence to refute these claims or justify the delay.
Applicants found inadmissible to the United States often need a waiver to overcome their inadmissibility. The AAO reviews appeals involving waiver applications, such as those under sections 212(a)(9)(B) and 212(h) of the Immigration and Nationality Act.
Example: If an applicant is denied a waiver of inadmissibility due to a past immigration violation, they may appeal to the AAO by submitting additional evidence demonstrating rehabilitation and why the waiver should be granted.
The EB-5 Immigrant Investor Program allows foreign investors to obtain permanent residency by investing in U.S. businesses. Appeals related to EB-5 petitions, such as disputes over whether the investment meets program requirements, fall under AAO jurisdiction.
Example: If an EB-5 petition is denied because USCIS finds that the investment did not create the required number of jobs, the investor can appeal to the AAO with additional proof of job creation or documentation demonstrating compliance with program requirements.
The AAO also handles appeals for certain special immigrant petitions, including those for religious workers, Afghan or Iraqi translators, and other humanitarian programs. Appeals involving U visas (for victims of crimes) and T visas (for victims of human trafficking) may also be reviewed.
Example: If a special immigrant religious worker petition is denied due to questions about the petitioner’s qualifications or the sponsoring organization, an appeal to the AAO may involve additional evidence demonstrating the religious organization’s eligibility and legitimacy.
Not every immigration benefit request denied may be appealed to the AAO. Some appeals fall under the jurisdiction of the Board of Immigration Appeals (BIA), which is part of the U.S. Department of Justice (DOJ).
Understanding whether your case falls under the jurisdiction of the AAO is crucial when deciding whether to file an appeal. Filing an appeal with the wrong agency can result in wasted time, additional costs, and missed opportunities. Moreover, the AAO’s decisions are often precedent-setting, meaning that a favorable decision could help your case and benefit others in similar circumstances.
Filing an appeal with the AAO involves several steps. First, you must submit a Notice of Appeal or Motion (Form I-290B) within 30 days of receiving the denial decision if personally served or 33 days if mailed. This form should be accompanied by a brief or statement explaining why you believe the initial decision was incorrect. The AAO will then review the submitted materials and determine whether to grant or deny the appeal. It’s crucial to provide comprehensive and compelling arguments to support your case during this stage.
The AAO appeals process includes several key steps. After filing the appeal, the AAO thoroughly reviews the initial decision, considering all submitted evidence and arguments. The process may involve requests for additional evidence or clarification from the applicant. The AAO may also conduct oral arguments in certain cases. Once the review is complete, the AAO issues a written decision, which can either affirm or overturn the initial denial. This meticulous review ensures that all case aspects are fairly evaluated.
Timelines and deadlines are critical in the AAO appeals process. As mentioned earlier, you must file your appeal within 30 days of the denial if personally served or 33 days if received by mail. Once the appeal is filed, the AAO typically takes several months to review the case and issue a decision. However, the exact timeframe can vary depending on the complexity of the case and the current workload of the AAO. It’s important to adhere to all deadlines and provide timely responses to any requests for additional information to avoid delays in the appeals process.
If you believe your case is eligible for an AAO appeal, consulting with an experienced immigration attorney is highly recommended. Navigating the appeals process requires a thorough understanding of immigration law, procedural requirements, and the ability to present a compelling case.
For more information on AAO jurisdiction and appeals, visit the USCIS Administrative Appeals Office page.
Disclaimer: This blog post is for informational purposes only and should not be construed as legal advice. Always consult with a qualified immigration attorney regarding your specific situation.
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