This guide is intended for applicants who are appealing a previous denial of an immigration benefit.
Requests for EvidenceUSCIS may issue an RFE to request more information to corroborate, confirm, or update facts regarding an immigration petition. When providing this evidence to USCIS, one must remain cognizant of the deadline, as if the RFE is not received by the requested date, it will be denied.
Appealing the Denial of an Immigration Petition to the Administrative Appeals Office (AAO)If USCIS ultimately denies one's case, there is still remedy - An appeal can be filed with the Administrative Appeals Office (AAO), which deals with as many as 40 categories of immigration petitions. Similar to an RFE, such appeals must be timely filed. If an appeal is not filed by the deadline, the option and right to appeal is exhausted.
Appealing the Decision of an Immigration Judge to the Board of Immigration Appeals (BIA)If an Immigration Judge denies one's case after s/he has been in Removal Proceedings, the final order can be appealed to the Board of Immigration Appeals (BIA) within 30 days of the Immigration Judge's decision.
Under certain circumstances, a Motion to Reopen or Reconsider (in light of new law) may be requested given the following factors:
New facts or evidence
Changed country conditions
Lack of notice
Ineffective assistance of counsel
Appealing Immigration Cases to a Federal Appeals CourtIf the BIA rules in favor of the government, it may be possible to appeal your immigration case to a federal appeals court by filing a petition for review. This petition must be filed in the Federal Court of Appeals in the circuit in which the case was tried before the Immigration Judge. Petitions for review must be filed in the federal court of appeals in the circuit in which your case was tried before the Immigration Judge. Such reviews must be filed within 30 days of the issuance of the BIA decision.