It is common for those seeking to immigrate to Canada to be denied. There are several reasons why one might be denied, including: having too much debt; having an elderly relative who will require long-term care in Canada; having a criminal record; or simply not meeting the requirements for permanent residency.
After filing their application to the U.S. immigrants may appeal a denial if their application to the Administrative Appeals office.Citizenship and Immigration Services (USCIS) (AAO) is denied.
The AAO reviews around 50 distinct types of immigration petitions and applications. The bulk of non-immigrant visa requests are based on work and the ability to reapply for admission to the United States after deportation (I-212 waiver).
AAO appeals must be filed within 30 days of the decision-making USCIS officer’s determination. Appeals are usually decided in six months, but they can often take longer. Expedited appeals may be allowed in circumstances of hardship or emergency.
The Administrative Appeals Office charges $675 for the filing of an appeal. A fee waiver may be available for immigrants who are unable to pay the charge.
Immigration issues that can be appealed before the Administrative Appeals Office
The U.S. Citizenship and Immigration Services (USCIS) officers’ decisions are reviewed by the Administrative Appeals Office (AAO).
The AAO accepts appeals for about fifty various kinds of immigration petitions and applications, such as:
An immigrant cannot challenge the denial of a request for immigration benefits by a field office. There is no merits-based judgment for the AAO to consider when USCIS rejects an application for an immigration benefit and does not keep the filing date.
Additionally, decisions taken by immigration judges throughout the immigration court process (such as deportation orders) or by representatives of the Department of Homeland Security are not handled by the Administrative Appeals Office (DHS). When such decisions are appealable, the Board of Immigration Appeals is typically the recipient.
How to file an Administrative Appeals Office appeal
When the USCIS declines an application, it sends the applicant a letter outlining the reason(s) for the refusal. If the decision is appealable, the letter will include instructions on how to file an appeal or a move for reconsideration.
Most appeals must be filed on U.S. Customs and Immigration Service Form I-290B.
However, because various immigration categories have distinct appeal criteria, the immigrant should carefully analyze the denial letter and the AAO website.
An appeal to the AAO must precisely state the USCIS officer’s mistakes of law or fact.
This information can be provided by the immigrant or his or her attorney in the following formats:
When the USCIS rejects an application, the organization notifies the immigrant in writing and provides an explanation for the refusal. The letter will include instructions on how to submit an appeal or a motion for reconsideration if the judgment can be contested.
The U.S. Customs and Immigration Service Form I-290B must be used to file the majority of appeals.
The immigrant should carefully read the denial letter and the AAO website because some immigration categories have distinct appeal criteria.
An appeal to the AAO must precisely detail any mistakes the USCIS officer made in terms of law or truth.
This information may be provided by the immigrant or his or her attorney in either a written statement that is annexed to Form I-290B (no particular format is necessary) or in a legal brief. Even if the immigrant previously presented the identical arguments to the USCIS field office, they must be included in the statement and/or brief for the AAO to consider them.
The AAO Practice Manual, Chapter 3 – Appeals, has more details on briefs and supporting documentation.
What Is The Time Limit For Filing An Immigration Appeal?
The majority of appeals to the AAO must be made within: 33 calendar days if the decision was mailed, or 30 calendar days if it was served in person.
Sundays, legal holidays, and Saturdays all count because they are calendar days. Start your countdown on the first day of the calendar month after the day USCIS mailed your unfavorable verdict.
The deadline is extended until the end of the following business day, nevertheless, if the final day of the filing period falls on a Saturday, Sunday, or a legal holiday.
Keep in mind that there may be just a 15-day window for appealing a USCIS petition denial. The letter from the USCIS will make mention of this reduced term if it applies.
How Much Does An Appeal To The Administrative Appeals Office Cost?
Currently, most AAO appeals cost $675 to file. Any fees paid to a lawyer or other representation are not included in this price.
Using USCIS Form I-912, the immigrant can ask for an immigration appeal fee waiver if they are unable to pay the filing fee.
A fee waiver may be granted by the USCIS given that:
All appeal petitions must include the correct filing fee or a request for a fee waiver in order to be accepted.
USCIS regularly modifies its fees. See the USCIS fee schedule for the most recent listing.
Can I represent myself in an AAO appeal?
When making an appeal to the AAO, immigrants have the right to represent themselves.
But there are specific guidelines that must be observed in AAO appeals. The AAO is also constrained by earlier USCIS rulings and legal determinations. These frequently require thorough research and argumentation.
Therefore, it is nearly always preferable for immigrants to have their AAO appeal handled by a lawyer or other approved representation (such as an accredited agent or law student).
What happens if I can’t afford an attorney?
The USCIS “Find Legal Services” section provides instructions on how to locate reliable assistance (and steer clear of cons) with AAO appeals.
Through a local bar association-sponsored program, such as the Immigration Legal Assistance Project of the Los Angeles County Bar Association, immigrants who cannot afford an attorney may be able to obtain low- or no-cost legal assistance
How much time does an AAO appeal require?
97% of appeals are concluded within six months, according to the AAO. 2 However, some cases might take more time. For instance, the AAO might need more documentation, or the case might be more complicated and need more scrutiny.
In general, appeals are taken into account in the order that they are received. However, an immigrant might be able to request an accelerated review of their case in an emergency.
The immigrant must produce proof of at least one of the following to request accelerated processing:
What is the AAO’s procedure?
There are two stages involved in the AAO procedures namely:
The adverse decision’s issuing office will first carry out a “initial field review: This process could take 45 days. The USCIS office will assess the appeal at the initial field assessment and decide whether to take action that benefits the immigrant.
The appeal will be sent to the AAO if the office decides not to act favorably. A Notice of Transfer to the AAO will subsequently be delivered to the immigrant.
An appeal review will then be carried out by the AAO. From the moment it obtains a complete case record following the initial field review, this could take up to 6 months (or more).
Will I have to present my argument in person?
Typically, the Administrative Appeals Office bases its evaluation purely on papers.
The AAO may, however, agree to a written request for an oral argument in the following circumstances:
1. A case involves a matter of particular significance; and
2. The AAO decides that a supporting argument would be helpful.
You must submit a written request for an oral argument.
The request must clearly and in writing state why an oral argument is required.
The AAO will inform the alien of the time, date, location, and terms of the oral argument if it grants the request
What options are there if the Administrative Appeals Officerejects my appeal?
After losing an appeal before the AAO, an immigrant may be entitled to request that the matter be reopened or that the decision be revised.
A motion to reopen is supported by written documentation of brand-new facts.
A motion for reconsideration is made on the grounds that a law or policy was applied improperly.
An adverse AAO decision cannot typically be appealed by an immigrant to any other body. A federal appellate court will hear appeals of USCIS decisions, but only in extremely uncommon circumstances.
The United States Court of Appeals for the Ninth Circuit is the appropriate court for such appeals in California. Cases that the 9th Circuit will take into consideration include, but are not limited to:
Keep in mind that you only have 30 days to file an appeal of a negative immigration judgment. So call us right now.