Because the U.S. immigration process can be complex, some cases may qualify for an appeal after an unfavorable decision. Petitioners and applicants for certain immigration benefits have the right to file an appeal with the Administrative Appeals Office (AAO) to request a review of a decision made by U.S. Citizenship and Immigration Services (USCIS).
If USCIS denies your immigration application or petition, you may be able to challenge that decision by filing an appeal with the AAO. The attorneys at Behar International Counsel APC assist clients in evaluating their options and preparing strong appeals when legal grounds exist.
The Administrative Appeals Office reviews decisions related to specific categories of immigration benefits. Its role is to ensure that immigration laws and policies are applied correctly and consistently.
Each case is different, and the AAO considers the individual facts and legal issues involved. The office has jurisdiction over more than 50 types of immigration applications and petitions, which makes professional legal guidance extremely important when preparing an appeal.
At Behar International Counsel APC, we carefully analyze each case to present the strongest possible arguments and supporting evidence.
An appeal is a formal request asking the AAO to review a USCIS decision that you believe was incorrect.
To file an appeal, you must submit Form I-290B, Notice of Appeal or Motion. This form is required for any appeal or motion filed with USCIS and the AAO.
In most cases, the appeal must be filed within 30 days from the date of the USCIS decision.
If the deadline passes, the decision becomes final, and you may lose the opportunity to challenge the denial.
Because appeals involve strict deadlines and legal requirements, many applicants choose to work with an experienced immigration attorney.
No. Appeals and motions are different legal actions, although both are filed using Form I-290B.
Appeal
An appeal asks a higher authority within the AAO to review the USCIS decision. The AAO will examine the evidence and determine whether the original decision was correct.
Motion to Reopen
A motion to reopen is filed when new facts or evidence become available that were not included in the original application but show that you were eligible for the benefit at the time of filing.
Motion to Reconsider
A motion to reconsider is filed when you believe USCIS made an error in applying the law or policy based on the evidence that was already in the record.
Choosing the correct option is critical.
The legal team at Behar International Counsel APC can review your case and advise whether an appeal, motion to reopen, or motion to reconsider is the best strategy.
You may need to file an appeal or motion to challenge a USCIS denial and protect your immigration status.
A successful appeal or motion may allow you to:
reverse a denial
continue your immigration process
maintain lawful status in the United States
avoid removal or other negative consequences
Because every case is different, a legal review is strongly recommended before taking action.
Not all immigration decisions can be appealed to the AAO, but the office has jurisdiction over many types of cases, including:
Immigrant investor and entrepreneur petitions
Temporary Protected Status (TPS) cases
Waivers of inadmissibility
Fiancé petitions
Applications for permission to reapply after deportation
Residence preservation for naturalization purposes
Orphan petitions
Certain adjustment of status applications
Certain T visa and U visa cases
ICE bond breach determinations
Because the rules vary depending on the case type, it is important to confirm whether your case qualifies for AAO review.
To file an appeal or motion, you must follow USCIS instructions carefully.
Important requirements include:
File a separate Form I-290B for each decision you want to challenge
Complete all required sections of the form
Sign the form before submitting
File within 30 days of the decision
File within 33 days if the decision was sent by mail
Submit the form to the correct USCIS address (not directly to the AAO)
Mistakes in filing can result in rejection or denial, which is why many applicants choose legal representation.
Even after a denial, your case may still have options.
Filing an appeal with the Administrative Appeals Office can allow your case to be reviewed again when there is legal or factual support for a different outcome.
However, appeals often require detailed legal arguments, supporting evidence, and strict compliance with filing rules.
The immigration attorneys at Behar International Counsel APC have extensive experience handling complex immigration appeals and motions. We can evaluate your situation, explain your options, and guide you through every step of the process.
If you received a denial from USCIS, contact Behar International Counsel APC to discuss whether an appeal or motion may help you move forward.
