Read on to learn more about the most frequently asked questions our clients have on immigration appeals and do not hesitate to reach out to our skillful NYC family immigration attorney.
Can I do anything about an unfavorable decision issued by USCIS?
Yes. You have two options if you have received an unfavorable decision: one is to file an appeal and the other is to file a motion. Keep in mind that not everyone can qualify for an appeal or motion.
An appeal is a proposal to a different power to reconsider an unfavorable decision. An individual can appeal certain USCIS decisions to the USCIS Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA), an office within the Department of Justice. The BIA and the AAO are administrative appellate commodities that have jurisdiction over different types of immigration cases. An individual’s denial or revocation notice will supply information about whether the decision may be appealed and where to file your appeal.
How much time do I have to file an appeal?
Generally, you must file an appeal within 30 days from the date of the decision (not the date you received the decision). A shorter appeal period may apply to some cases such as the revocation of the approval of a petition, which has a 15-day deadline. Your decision will tell you how long you have to file the appeal. There is no extension to this deadline. However, an extra 3 days is supplied when your decision is sent to you (33 days in the case of denial and 18 days in the case of revocation).
Where do I file the appeal?
Your denial or revocation notice will include information about which form you can use to file your appeal. Information about where to file your appeal can be found on the Direct Filing Addresses for Form I-290B, Notice of Appeal, or Motion page. If you mail your appeal, be sure that you allow enough time for the document to reach the office by the deadline. Do not send forms or fees directly to the AAO.
When will I hear back about my appeal?
The AAO aims to complete its appellate review within 180 days from the time it receives a complete case file after the initial field review. Some cases may take longer than 180 days due to aspects outside the AAO’s control. For instance, additional documentation may be needed to complete the file or the case may be more complex and require additional review.
Contact Our New York City Immigration Lawyers
Our law firm can explain all the opportunities associated with fiancé visas and help you through the entire procedure, as well as discuss whether this is a good option. For an initial consultation with a skilled immigration lawyer, contact the Law Office of Cheryl R. David in New York.