Information Regarding USA Immigration Appeals

Before concluding that you can appeal a decision, review the Form I-292 or notice of denial that came with the negative decision. The decision will provide you with the correct form and specify the appellate jurisdiction.

If you receive the negative decision by mail you have to file your appeal within 33 days of the date of the decision. If you are appealing the revocation of an approved immigrant petition, the appeal must be filed within 15 days of the date of the decision - 18 days if you received the response by mail.

You Can Have Legal Representation

You can be represented by an attorney or representative when you file an appeal with the Administrative Appeals Office. In that case the appeal must be accompanied by a properly executed Form G-28 (Notice of Entry or Appearance as Attorney or Representative.) It has to be signed by both the attorney or representative and the person who filed the original application of petition.

If you can't afford a lawyer you may be able to ask an attorney, an association of immigration lawyers, a state bar association, or a specially accredited organization to provide free or reduced cost assistance. Attorneys have to be members in good standing of the bar of a U.S. state and cannot be under court order restricting their practice of law.

Representatives Must Be Authorized

Accredited representatives must work for a recognized organization to be eligible to represent you before USCIS and for USA immigration appeals and they have to file a form G-28. They may be authorized to practice before USCIS, the Immigration Courts or the Board of Immigration Appeals.

Be careful that the person you are dealing with is authorized to act on your behalf with USCIS. Do not sign blank applications, documents you do not understand, or documents with false or inaccurate information. Do not let anyone keep your original documents, and do not make any payments without receiving a receipt. Make sure you keep copies of all documents prepared for you and make sure you verify your attorney's or accredited representative's eligibility to represent you.

The Web is the easiest place to find the specific information you require. For complete information on current immigration laws and the appeal process check the website at www.uscis.gov/graphics/howdoi/repealdenial.htm Any stricter immigration laws or new immigration laws would appear on the site.