Can I Appeal The Denial Of My Petition Or Application?
Should a petition or application be denied or revoked by the USCIS, in most cases you may appeal that decision to a higher authority. The Administrative Appeals Office (“AAO“) has jurisdiction over 40 petitions and applications. If you receive a denial notice, it will advise you of your right to appeal, the correct appellate jurisdiction (AAO or BIA), and provide you with the appropriate appeal form and time limit. There are strict deadlines that must be met to properly file an appeal. The appeal must be filed with the correct fee at the office that made the original decision. You may file a brief (explanation) in support of the appeal. After review, the appellate authority may agree with you and change the original decision, disagree with you and affirm the original decision, or send the matter back to the original office for further action. In addition to the right to appeal (in which you ask a higher authority to review a denial), you may file a motion to reopen or a motion to reconsider with the office that made the unfavorable decision. By filing these motions, you may ask the office to reexamine or reconsider its decision.
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- Can I Appeal The Denial Of My Petition Or Application?