Understanding the AAO Appeals Process

Navigating the immigration process can be challenging, especially when an application or petition is denied. If USCIS denied your application, you may be able to appeal the decision. Submit your appeal to the AAO. Let’s break down the AAO appeals process and how to prepare your case.

What Is the AAO?

The Administrative Appeals Office (AAO) is responsible for reviewing appeals of certain unfavorable USCIS decisions. The AAO reviews various immigration cases, such as employment-based visa petitions and waivers of inadmissibility. It ensures consistency with immigration laws and USCIS policy.

When you submit an appeal, the AAO conducts a fresh review to determine if the initial decision was correct according to immigration law. The AAO provides a platform for applicants to challenge decisions they believe were incorrect, ensuring consistent application of immigration laws.

AAO decisions may become binding policy for future cases, emphasizing the importance of a thorough and compelling appeal.

When Can You Appeal to the AAO?

Not all USCIS decisions can be appealed to the AAO. Eligibility depends on the type of application or petition and the grounds for denial. Common cases include employment-based petitions, certain waivers, and immigrant worker cases. Carefully read the denial notice to determine if your decision can be appealed.

Some decisions may instead be subject to a motion to reopen, reconsider, or judicial review. Understanding your options based on the type of case and reason for denial is crucial.

Steps in the AAO Appeals Process

1. Filing the Appeal: To begin, file Form I-290B, Notice of Appeal or Motion, within the deadline in your denial notice. Submit it within 30 calendar days after personal service or 33 calendar days if mailed.  Missing this deadline can mean losing your opportunity to appeal.
2. Initial Review by USCIS: Once you file your appeal, the original USCIS office may conduct an initial review. If they determine the decision was incorrect, they may reopen or reconsider the case without forwarding it to the AAO.
3. AAO Review: If the initial office does not reopen the case, it sends it to the AAO for thorough review. The AAO examines the original evidence, additional evidence, and your argument to determine if the decision was correct.
4. AAO Decision: After review, the AAO will either dismiss the appeal, sustain the appeal, or remand the case back to the original USCIS office. The AAO provides a written decision detailing its conclusion, which can help in understanding your case’s strengths or weaknesses. AAO decisions may also set a precedent for similar cases.

Processing Times for AAO

AAO processing times vary based on case complexity and volume of appeals, typically ranging from six months to a year or more. Monitor your case status regularly and respond promptly to any requests for additional evidence.

Tips for a Successful Appeal

• Understand the Grounds for Denial: Carefully review the denial notice to understand why the petition was denied. This is critical to structuring a strong appeal argument.
• Provide Strong Legal Arguments: A successful appeal includes strong arguments addressing the specific reasons for denial, citing applicable laws, precedents, and supporting evidence.
• Meet Deadlines: The appeals process is time-sensitive. Ensure you know all deadlines to avoid missing your chance to appeal.
• Consult an Expert: Given the complexity of immigration laws and the potential consequences of a denial, it is often beneficial to consult with an experienced immigration attorney to prepare your appeal effectively.

Alternatives to an Appeal

In some cases, filing a motion to reopen or reconsider may be a better option than appealing to the AAO. A motion to reopen is based on new evidence, while a motion to reconsider argues that the denial was incorrect based on existing evidence or legal errors. Consulting an experienced immigration attorney can help determine your situation’s best course of action.

Conclusion

The AAO appeals process is valuable for those who believe a USCIS denial was made in error. By understanding the process, meeting deadlines, and presenting strong arguments, applicants can make a compelling case for reconsideration. A well-prepared appeal has a real chance of reversing an incorrect decision.

For more information on the AAO appeals process, visit the USCIS Administrative Appeals Office page.

If you need help with your AAO appeal or want to ensure your case is presented in the best possible way, contact us today to schedule a consultation and take the first step towards securing your immigration future.