How the AAO Differs from the Board of Immigration Appeals (BIA)

Navigating immigration appeals can be challenging, especially when multiple agencies are involved. Two key players in this area are the Administrative Appeals Office (AAO) and the Board of Immigration Appeals (BIA). Understanding their roles and differences is essential for anyone dealing with immigration-related decisions.

What Is the Board of Immigration Appeals (BIA)?

The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying immigration laws. It falls under the U.S. Department of Justice and hears appeals from decisions made by immigration judges and certain Department of Homeland Security (DHS) decisions, such as removal orders, asylum applications, and cases involving inadmissibility and deportability. Unlike the AAO, which deals with specific appeals related to USCIS decisions, the BIA handles broader, court-related immigration issues.

For example, if an individual faces deportation after a removal proceeding or an asylum application is denied by an immigration judge, their appeal would be handled by the BIA. The BIA’s decisions are binding unless modified or overruled by the Attorney General or federal courts. Filing your appeal with the incorrect office can delay or jeopardize your chances of a favorable outcome.

Common Reasons for AAO Appeals

There are several common reasons why applicants appeal to the AAO:

• Insufficient Evidence: One of the most frequent reasons for denial is insufficient evidence supporting a visa petition. For example, if you apply for an employment-based visa but fail to provide adequate proof of your qualifications or the job’s requirements, USCIS may deny your application. An appeal to the AAO allows you to submit additional evidence and clarify your case.
• Misinterpretation of Eligibility Requirements: Immigration law is complex, and even minor misinterpretations can lead to a denial. Applicants may appeal to the AAO if they believe USCIS misapplied the law or misunderstood their eligibility.
• Waivers of Inadmissibility: When an applicant is found inadmissible to the U.S., they may need a waiver to proceed. If a waiver is denied, the applicant can appeal to the AAO, providing new evidence to support their eligibility.

Submitting New Evidence with Your AAO Appeal

You can submit additional evidence with your appeal to the AAO. This is an important aspect of the appeals process because it allows you to address any deficiencies in your initial application. The AAO will review the original and any new evidence provided to determine if the initial decision was correct.

For instance, if your employment-based visa petition was denied due to a lack of supporting documentation, you can submit additional evidence during the appeal to clarify your qualifications or the job requirements. This opportunity to provide further details can be crucial in overturning a denial.

Appeals Handled by the BIA

Not all appeals are handled by the AAO. Some appeals fall under the jurisdiction of the Board of Immigration Appeals (BIA), which deals primarily with removal orders, asylum cases, and other immigration court matters. If your case involves a removal order or asylum denial, it must be appealed to the BIA rather than the AAO.

The BIA is part of the U.S. Department of Justice, while the AAO is part of USCIS. Knowing which body has jurisdiction over your case is crucial to ensuring your appeal is properly filed and considered.

How to File an Appeal with the AAO

To file an appeal with the AAO, you must:

• Submit Form I-290B: File a Notice of Appeal or Motion (Form I-290B) within 30 days of receiving the denial if served in person, or 33 days if received by mail.
• Provide Supporting Evidence: Include a detailed brief explaining why you believe the initial decision was incorrect. This is your opportunity to present a comprehensive and well-supported argument to persuade the AAO to reconsider the decision.

The AAO will then conduct a thorough review of the submitted materials and may request additional evidence if needed. In some cases, the AAO may also conduct oral arguments. After completing the review, the AAO will issue a written decision that either affirms or overturns the original denial.

Timelines and Deadlines in the AAO Appeals Process

Timelines are critical in the AAO appeals process. Applicants must file appeals within 30 days of the denial or 33 days if they receive the denial by mail. After filing, the AAO generally takes several months to issue a decision, depending on the complexity of the case and the current workload. Adhering to deadlines and responding promptly to requests for additional information are crucial to avoid delays.

Conclusion

Understanding the differences between the AAO and the BIA, and knowing when and how to file an appeal, can make a significant difference in the outcome of your case. The AAO offers applicants a chance to provide new evidence and correct errors, while the BIA handles more judicial matters related to removal and asylum. If you are unsure about where to file your appeal or need help navigating the process, consulting with an experienced immigration attorney is highly recommended.

For more detailed information on AAO jurisdiction and appeals, visit the USCIS Administrative Appeals Office page.