Generally, once a petition is filed, the U.S Immigrant Service will either Approve, Deny or issue aRequest for additional Evidence (RFE) or issue an intent to deny. Where an intent to deny or a Request for Evidence is requested, it is Extremely important that this request is answered properly, thoroughly and with great caution. In many cases there is an extremely fine line between an approvable petition and one that is denied. Where a Denial is issued, it is possible to appeal this denial to a higher authority. Where a petition or application is denied or revoked by the Bureau of Citizenship and Immigration Services, in most cases it can be appealed to a higher authority. The Administrative Appeals Unit (“AAU”) has jurisdiction over 40 different kinds of petitions and applications. If you receive a denial notice, it will advise you of your right to appeal the correct appellate jurisdiction and provide you with the appropriate appeal form and time limit. You should review the Form I-292 or “notice of denial” that accompanied the adverse decision to determine whether you may appeal the denial of your petition or application. A brief (explanation) in support of the appeal may be filed, and we take full advantage of this allowance. After review, the appellate authority may:
- Agree with the argument and change the original decision
- Disagree with the argument and affirm the original decision
- Send the matter back to the original office for further action
There are strict deadlines that must be met to properly file an appeal. The appeal must be filed with the correct fee at the office that made the original decision. If you desire to appeal the denial of a petition or application, the notice of appeal must be filed within 30 days of the date of the decision. If you receive the decision by mail, you must file the appeal within 33 days of the date of the decision. If you wish to appeal the revocation of an approved immigrant petition, you must file the appeal within 15 days of the date of the decision, or within 18 days of the date of the decision if the decision is received by mail. In addition to the right to appeal (in which you ask a higher authority to review a denial), you may file a motion to reopen or a motion to reconsider with the office that made the unfavorable decision. By filing these motions, you may ask the office to reexamine or reconsider its decision. A motion to reopen must state the new facts that are to be provided in the reopened proceeding, and must be accompanied by affidavits or other documentary evidence. A motion to reconsider must establish that the decision was based on an incorrect application of law or the Bureau of Citizenship and Immigration Services (previously INS) policy, and show that the decision was incorrect based on the evidence in the file at the time the decision was made. Any motion to reopen or reconsider must be filed with the correct fee within 30 days of the decision.