How to Appeal Immigration Decisions?

Current immigration laws provide the right to appeal a denial notice to a higher authority in almost all cases. The Administrative Appeals Office has jurisdiction over 40 petitions and applications. When you receive a denial notice the letter will inform you of your right to appeal, provide you with the correct appellate jurisdiction, and include the appeal form and time limit to respond. If new immigration laws are enacted, you will be able to keep current on that legislation by reading the United States Citizenship and Immigration Services (USCIS) website.

Each appeal classification has a strict deadline that must be met. Your appeal must be filed, with the correct fee, with the office that made the original decision. You can file a brief, or an explanation, to support your appeal.

Three Possible Decisions

The review will result in one of three decisions. The proper appellate authority may say you're right and change the original decision or it may disagree with you and affirm the original decision. There is also an option to order the matter referred back to the original office for further action.

While you have the right to appeal, you also have the right to file a motion to reopen or to reconsider the decision with the office that denied your application. These motions, however, must state new facts to justify the action and must be accompanied by supporting affidavits or other evidence.

What are the immigration laws? You need some familiarity with the basic legislation before making any application, petition or appeal procedure. A motion to reconsider must establish that the original decision was based on an incorrect application of current immigration laws, or USCIS policy. It has to further establish that the decision was wrong based on the evidence in the file at the time the decision was made. Motions to reopen or reconsider have to be filed, with the appropriate fee, within 30 days of the decision.

Only Petitioner Has Standing

The Secretary of the Department of Homeland Security delegated the authority to adjudicate appeals to the Administrative Appeals Office. Appeals can be filed only by the person who submitted the original application or petition. Only the petitioner has standing to appeal the denial of a visa petition. The beneficiary of a visa petition cannot appeal the decision. For example, if a U.S. employer petitioned for an immigrant visa for an employee living abroad, only the employer can appeal the denial. The employee living abroad does not have the right to appeal the denial.

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