Administrative Appeals Office (AAO)

Appeals To The Administrative Appeals Office (AAO): What You Need To Know

Nobody wants to receive a mail from USCIS stating their application or petition was denied. In the complex landscape of U.S. immigration law, the road to obtaining legal status can sometimes be bumpy. For many, facing a denial from the United States Citizenship and Immigration Services (USCIS) may feel like a dead end. However, applicants who have had their petitions denied may be eligible to file an appeal with the Administrative Appeals Office (AAO). This article will provide you with an in-depth understanding of AAO appeals, the I-290B form, and how to navigate this process to increase your chances of a favorable outcome.

What is the Administrative Appeals Office (AAO)?

The Administrative Appeals Office (AAO) is an office within USCIS that reviews certain types of immigration cases denied by the agency. It plays an essential role in ensuring that immigration laws are applied correctly and consistently, offering applicants a second chance to prove their eligibility. Appeals to the AAO cover a variety of immigration-related petitions, including:

• Most employment-based immigrant and nonimmigrant visa petitions (Forms I-129 and I-140);
• Immigrant petitions by alien entrepreneurs (Form I-526);
• Applications for Temporary Protected Status (TPS) (Form I-821);
• Fiancé(e) petitions (Form I-129F);
• Applications for waiver of ground of inadmissibility (Form I-601);
• Applications for permission to reapply for admission after deportation (Form I-212);
• Certain special immigrant visa petitions (Form I-360, except for Form I-360 widower appeals, which are appealable to the BIA);
• Orphan petitions and applications (Forms I-600 and I-600A);
• T and U visa applications and petitions (Forms I-914 and I-918) and the related adjustment of status applications;
• Applications to preserve residence for naturalization purposes (Form N-470); and
• ICE determinations that a surety bond has been breached.

Understanding the AAO appeal process and the steps involved is crucial, particularly for cases of immigration denial, I-140 denial, and I-601 denial.

When to File an I-290B Appeal

The I-290B, Notice of Appeal or Motion, is the form you use to file an appeal with the AAO. This form serves as your official request for the AAO to review USCIS’s denial decision on your immigration application or petition. Some key points to keep in mind when considering an I-290B appeal include:

• Eligibility to File: Not every denial is eligible for an AAO appeal. Only certain petition types and application categories can be appealed. If your denial notice does not specify the option to appeal, you may not be eligible to file an I-290B. Certain appeals must be filed with the Board of Immigration Appeals instead. For some immigration denials there is no appeal process and a motion to reopen must be filed instead.
• Deadline: Typically, you must file the I-290B appeal within 30 days of the decision notice date. However, for cases involving deportation or removal, you usually have 33 days if the decision was sent by mail.
• Grounds for Appeal: Appeals must be based on substantial reasons, such as USCIS failing to consider critical evidence or incorrectly applying the law.

Common Reasons for Filing an AAO Appeal

1. Green Card Denial related to T and U visa applications: Green card applications may be denied for numerous reasons, including insufficient evidence of eligibility, inadmissibility issues, or errors in filing.
2. I-140 Denial: This employment-based immigration petition may be denied due to lack of supporting documentation, issues with the sponsoring employer, or qualifications that do not meet the criteria for the visa.
3. I-601, I-212 Waiver Denial: This waiver is essential for applicants who are otherwise inadmissible to the U.S. Common reasons for denial include insufficient evidence to prove hardship or lack of qualifying relatives.
4. Other Immigration Denials: Many other applications, such as I-821 TPS application, I-129 applications, may also be subject to appeal if there’s a reasonable basis for reconsideration.

How to File an I-290B Appeal

1. Complete the I-290B Form: Start by filling out Form I-290B, Notice of Appeal or Motion. Ensure that all the information is accurate, as errors can delay processing or lead to dismissal of the appeal. You may need to provide specific reasons why you believe the original decision was incorrect.
2. Gather Supporting Evidence: The success of an I-290B appeal largely depends on presenting sufficient, compelling evidence. This could include additional documentation not previously submitted, expert opinions, or letters of support from relevant parties.
3. Write a Legal Brief (if applicable): A legal brief outlines the specific legal grounds for your appeal. It’s often prepared by an experienced immigration appeals attorney, as it involves detailed legal arguments.
4. Submit the Appeal on Time: Time is of the essence when filing an I-290B. USCIS must receive your form and documentation within the set deadline (usually 30-33 days from the date of the denial notice).

Where to Send Your I-290B

Depending on your specific case type and location, you may need to send your I-290B form to a designated USCIS lockbox or service center. Always double-check the current mailing address on the USCIS website to avoid delays. You can learn more about the AAO process here.

What to Expect After Filing an I-290B Appeal

Once USCIS receives your I-290B, you will be issued a receipt notice. Here’s what typically happens next:

1. Initial Review: USCIS will conduct a preliminary review of your appeal to ensure it meets the eligibility requirements and was filed on time.
2. Request for Evidence (if needed): In some cases, USCIS or the AAO may issue a Request for Evidence (RFE) if additional information is needed to make a decision.

When the Administrative Appeals Office (AAO) reviews an appeal, they may issue a Request for Evidence (RFE) if they require additional information to make a decision on the case. An RFE is not an indication of denial but rather a request for the petitioner to clarify, expand upon, or provide new documentation for the AAO to properly assess the appeal.

Reasons for an RFE in an AAO Appeal

1. Insufficient Initial Evidence: If the evidence provided in the original application or in the appeal does not fully meet the eligibility criteria, the AAO may request additional documentation.
2. Clarification on Specific Points: The AAO may need further details about aspects of the case, such as employment responsibilities, educational qualifications, or the nature of relationships in family-based cases.
3. New or Updated Information: If laws or policies change, or if there is a new element relevant to the petition, the AAO may ask for updated evidence to reflect these changes.

How to Respond to an AAO RFE

• Review the RFE Carefully: Identify each specific request to ensure a complete response.
• Provide Detailed and Relevant Evidence: Submit high-quality, comprehensive documents and avoid redundant information.
• Meet the Deadline: Typically, RFEs have a strict deadline, and failing to respond in time may lead to a denial of the appeal.

An RFE provides an opportunity to strengthen the appeal, so addressing it thoroughly is essential for a successful AAO outcome.

Decision Issued

The AAO will issue a written decision explaining the outcome of your appeal. This decision can take anywhere from a few months to over a year, depending on case complexity.

Options if the Appeal is Denied

• Filing a Motion to Reopen: This motion allows you to provide new evidence or changed circumstances that may affect the case outcome.
• Filing a Motion to Reconsider: In this case, you would argue that the AAO made a legal or procedural error in denying the appeal.
• Filing in Federal Court: In rare circumstances, you may be able to challenge the decision in a federal court. However, this is typically a last resort due to the time and cost involved.

Working with an Immigration Appeals Attorney

The AAO appeals process is complex and requires a deep understanding of immigration laws and procedures. An experienced immigration appeals attorney can help you navigate this process, ensuring that all paperwork is accurate and submitted on time. They can also provide essential legal guidance, helping you craft persuasive arguments and assemble compelling evidence to support your case.

How an Immigration Appeals Attorney Can Help

• Case Evaluation: An attorney can assess the original USCIS decision, identifying potential errors or overlooked evidence that could support your appeal.
• Document Preparation: Appeals require extensive documentation, and an attorney can ensure that all necessary paperwork is in order.
• Legal Briefs and Arguments: In complex cases, having a professional legal brief can make a significant difference. Attorneys are skilled at crafting clear, compelling legal arguments to support your case.
• Representation Before the AAO: Attorneys understand the AAO process and can represent your interests effectively, addressing any issues that arise during the review.

Tips for a Successful AAO Appeal

1. Be Thorough and Accurate: Provide a complete and accurate account of all details relevant to your case.
2. Include Strong Evidence: Your appeal’s success often hinges on the strength of the evidence provided. Include comprehensive documentation and any new information that may support your claim.
3. Consult with an Immigration Appeals Attorney: If possible, work with a skilled immigration attorney who can navigate the nuances of AAO appeals and present your case in the best possible light.

Conclusion

Appealing a USCIS denial with the AAO is often a challenging but worthwhile process. By filing an I-290B appeal, individuals facing immigration denial, green card denial, I-140 denial, or I-601 denial have a structured avenue to seek a review of their case. A skilled immigration appeals attorney can help make the difference, providing guidance and advocacy to increase the chances of a favorable decision.

For more information on how an immigration appeals attorney can assist with your I-290B appeal, visit shautsova.com or consult USCIS.gov for the latest updates on the appeal process.