How Do I Appeal the Denial of My Petition or Application?

Background

When USCIS denies or revokes an immigration petition, in most cases you may appeal the decision to higher authority for review.  In immigration proceedings, the appellate review authority is divided between two separate Government agencies: the Administrative Appeals Office (AAO) within USCIS, and the Board of Immigration Appeals (BIA), under the jurisdiction of the Executive Office for Immigration Review, U.S. Department of Justice.

If a petition or application is denied or revoked by USCIS, you should carefully review the written decision.  The notice (Form I-292) will inform you of the reasons for the decision, notify you of the proper appellate jurisdiction and the applicable deadlines, and provide you with the correct USCIS form for filing an appeal.

 

Who May Appeal?

Only the person who submitted the original application or petition may file the appeal.  The beneficiary of a visa petition may not appeal the decision.  For instance, if a U.S. employer petitioned for an immigrant visa for an employee living abroad, only the U.S. employer may appeal the denial.  The employee living abroad may not appeal the denial.

The person appealing the decision may be represented by an attorney or representative.  If the petitioner is represented, the appeal must be accompanied by a properly executed USCIS Form G-28, Notice of Entry or Appearance as Attorney or Representative.  The Form G-28 must be signed by both the attorney or representative and the person who filed the original petition or application.

 

How Do I Appeal?

Review Form I-292 that notified you of the adverse decision to determine whether or not you may appeal the denial of your petition or application.  The decision will inform you of the proper appellate jurisdiction and provide you with the correct form.

If you want to appeal the denial of a petition or application, the notice of appeal must be filed within 30 days of the date of the decision.  If you receive the decision by mail, you must file the appeal within 33 days of the date of the decision.  If you wish to appeal the revocation of an approved immigrant petition, you must file the appeal within 15 days of the date of the decision, or within 18 days of the date of the decision if the decision is received by mail.

If the AAO has jurisdiction over the decision, you must file the notice of appeal on Form I-290B, Notice of Appeal to the Administrative Appeal Office.  The appeal must be filed with the office that made the original decision.  You may file an explanation in support of your appeal.  You must include the required fee.  If you require a fee waiver, please see fee waiver request procedures and the USCIS fee waiver policy memorandum.  You can open any of the Forms I-290B or G-28 by navigating to the Related Links section in the upper right corner of this page.  Forms are also available by calling 1-800-870-3676 to request printed copies by mail.

 

AAO Processing Times as of January 8, 2009
Case Type		Time
I-129 F	Petition for Fiancée	Current
I-129 H1B	Nonimmigrant Specialty Occupation Worker	14 Months
I-129 H2, H3	Temporary Nonimmigrant Worker	Current
I-129 L	Nonimmigrant Intracompany Transferee	Current
I-129 O	Nonimmigrant Extradordinary Ability Worker	12 Months
I-129 P1, P2, P3	Athletes, Artists and Entertainers	Current
I-129 Q	Cultural Exchange Visitor	Current
I-131	Application for Travel Document	Current
I-140 EB1(A)	Alien with Extraordinary Ability	18 Months
I-140 EB1(B)	Outstanding Professor or Researcher	Current
I-140 EB1(C)	Multinational Manager or Executive	Current
I-140 EB2	(D) - Advanced Degree Professional	20 Months
I-140 EB2	(I) - National Interest Waiver	Current
I-140 EB3	(E), (G) - Skilled, Professional, or Other Worker	20 Months
I-212	Application to Reapply for Admission	12 Months
I-360 EB4	Petition for Religious Worker	Current
I-360 J	Special Immigrant Juvenile	Current
I – 360 VAWA	Violence Against Women Act Petition	20 Months
I-485	Cuban Adjustment Act Application	Current
I-485	LIFE Act Adjustment Application	14 Months
I-485	Section 13 Adjustment Application	Current
I-526 EB5	Alien Entrepreneur	Current
I-600	Petition for Orphan	Current
I-601	Application for Waiver of Inadmissibility	26 Months
I-612	Application for 212(e) Waiver	Current
I-687	Legalization Application for Temporary Residence	18 Months
I-698	Legalization Adjustment Application	Current
I-700	Special Agricultural Worker	Current
I-821	Temporary Protected Status	Current
I-905	Application to Issue Cert for Health Care Workers	Current
I-914	Application for T Nonimmigrant Status	Current
N-470	Application to Preserve Residence	Current
N-565	Replacement Naturalization/Citizenship Document	Current
N-600	Certificate of Citizenship	Current
N-643	Certificate of Citizenship for Adopted Child	Current