Have you applied for Temporary Protected Status (TPS)? Have you submitted
a fiancé petition, or have you filed an immigrant or nonimmigrant
visa petition, only to have it denied?
If you have received a negative decision after applying for an immigration
benefit, it doesn’t necessarily mean that it’s over and you
have to give up.
The good news is that when people receive negative decisions regarding
certain categories of
immigration benefits, they are able to appeal the negative decision to the Administrative
Appeals Office (AAO).
The AAO is responsible for conducting administrative reviews of certain
types of immigration appeals. Since
mistakes can happen, the purpose of the administrative review process is to ensure that U.S.
immigration laws have been interpreted correctly and with accuracy.
The AAO reviews the facts of a case and apply existing law when issuing
decisions. Once the case has been reviewed by the Attorney General, the
AAO may decide to issue a “precedent” decision – this
way the AAO provides the public with clear guidance on how the law and
policy is to be interpreted.
The AAO is the agency that has “appellate jurisdiction” over
about 50 different types of immigration cases. However, not every denied
immigration benefit case can be appealed to the AAO; some of the appeals
are handled by the Board of Immigration Appeals (BIA) instead.
Some of the appeals cases handled by the AAO:
- The majority of immigrant and non-immigrant visa petitions (employment-based)
- Temporary Protected Status applications
- Waiver of ground of inadmissibility applications
- Certain types of special immigrant visa petitions
- ICE determinations regarding surety bonds that have been breached
- Permission to reapply for admission after deportation (applications)
- Fiancé and orphan petitions
If the USCIS denies a benefit, they send a letter to the applicant or petitioner
explaining why they were denied. Most appeals have to be filed within
30 days of the denial, and these are filed on a Form I-290B.
The appeal requirements are not the same for all immigration categories,
so it’s important to discuss the nature of your denial with an experienced
immigration attorney before filing the appeal.
To learn more about the appeal process,
contact The Zendeh Del Law Firm, PLLC today.