Appeal Lawyers

Appeal Lawyers
Los Angeles Immigration Appeal Lawyers
Los Angeles U.S. Deportation Lawyer
Los Angeles U.S. Visa Lawyer
Info@GreenCard4You.com
(213) 550-1159



Background


Should a petition or application be denied or revoked by the USCIS, in most cases you may appeal that decision to a higher authority. The Administrative Appeals Office ("AAO") has jurisdiction over 40 petitions and applications. Please see 8 CFR § 103.1 (f)(3)(iii) for further information . If you receive a denial notice, it will advise you of your right to appeal, the correct appellate jurisdiction (AAO or BIA), and provide you with the appropriate appeal form and time limit.

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. You may file a brief (explanation) in support of the appeal. After review, the appellate authority may agree with you and change the original decision, disagree with you and affirm the original decision, or send the matter back to the original office for further action.

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 USCIS policy, and further establish 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.


Where Can I Find the Law?

The authority to adjudicate appeals is delegated to the AAO by the Secretary of the Department of Homeland Security (DHS) pursuant to the authority vested in him through the Homeland Security Act of 2002, Pub. L. 107-296. See DHS Delegation Number 0150.1 (effective March 1, 2003); see also 8 C.F.R. § 2.1 (2003). The AAO exercises appellate jurisdiction over the matters described at 8 C.F.R. § 103.1(f)(3)(iii) (as in effect on February 28, 2003), with one exception - petitions for approval of schools and the appeals of denials of such petitions are now the responsibility of Immigration and Customs Enforcement. There is no appellate review of denials of extension of stay or change of nonimmigrant status. Only one appeal may be filed for each denial or revocation; there is no appellate review of an appellate decision.


Who May Appeal?

Only the person that submitted the original application or petition may file the appeal. The petitioner alone has standing to appeal the denial of a visa petition. The beneficiary of a visa petition may not appeal the decision. For instance, if a United States employer petitioned for an immigrant visa for an employee living abroad, only the United States employer may appeal the denial. The employee living abroad may not appeal the denial.

The person appealing the decision may be represented by an attorney or representative. If the petitioner is represented, the appeal must be accompanied by a properly executed USCIS Form G-28 (Notice of Entry or Appearance as Attorney or Representative). The Form G-28 must be signed by both the attorney or representative and the person who filed the original petition or application.


How Do I Appeal?

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. The decision will inform you of the proper appellate jurisdiction and provide you with the correct form.

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.

If the Administrative Appeals Office has jurisdiction over the decision, the notice of appeal must be filed on Form I-290B (Notice of Appeal to the Administrative Appeal Office). The appeal must be filed with the office that made the original decision. A brief (explanation) may be filed in support of your appeal. The fee must be included. If you require a fee waiver, please see fee waiver request procedures, and the USCIS fee waiver policy memorandum. Forms are available by calling 1-800-870-3676, or by submitting a request through our forms by mail system.


What Are the Processing Times on Appeals?

AAO Processing Times as of August 12, 2008

 

Case Type

Time

I – 140 EB1(A)

Alien with Extraordinary Ability

13 Months

I – 140 EB1(B)

Outstanding Professor or Researcher

Current

I – 140 EB1(C)

Multinational Manager or Executive

Current

I – 140 EB2

(D), (I) – National Interest Waiver

17 Months

I – 140 EB3

(E), (G) – Skilled, Professional, or Other Worker

14 Months

I – 687

Legalization Application for Temporary Residence

20 Months

I – 698

Legalization Adjustment Application

Current

I – 700

Special Agricultural Worker

Current

I – 526 EB5

Alien Entrepreneur

Current 

I – 129 L

Nonimmigrant Intracompany Transferee

Current 

I – 129 H1B

Nonimmigrant Specialty Occupation Worker

11 Months

I – 129 H2, H3

Temporary Nonimmigrant Worker

Current 

I – 129 O

Nonimmigrant Extraordinary Ability Worker

12 Months 

I – 129 F

Petition for Fiancée

Current

I – 129 P1, P2, P3

Athletes, Artists and Entertainers

17 Months

I – 129 Q

Cultural Exchange Visitor

Current 

I – 360 EB4

Petition for Religious Worker

10 Months 

I – 360 VAWA

Violence Against Women Act Petition

15 Months

I – 360 J

Special Immigrant Juvenile

Current

N – 470

Application to Preserve Residence

Current

N – 565

Replacement Naturalization/Citizenship Document

Current

N – 600

Certificate of Citizenship

Current

N – 643

Certificate of Citizenship for Adopted Child

Current

I – 600 

Petition for Orphan

Current

I – 485

Cuban Adjustment Certification

Current

I – 612

Application for Waiver

Current 

I – 821

Temporary Protected Status

Current  

I – 212

Application to Reapply for Admission

10 Months

I – 601

Application for Waiver of Inadmissibility

24 Months

I – 131

Application for Travel Document

Current

I – 485

LIFE Act Adjustment Application

20 Months

I – 905

Application to Issue Cert for Health Care Workers

Current

I – 914

Application for T Nonimmigrant Visa

Current

 

 

 

 

Han Law Group, Los Angeles Work Visa, Immigration Lawyer, Los Angeles Deportation Lawyer, Los Angeles Visa Lawyer.  Call our immigration attorneys at (213) 550-1159 for a telephone or an in-person consultation.  CONSULTATION@GREENCARD4YOU.COM

 

 

 

Even though we are located in Los Angeles, California, we can process most US (USA) immigration petitions regardless of where you are located or where you plan to reside in the USA.

 
    Our offices are located in Los Angeles & Encino, Los Angeles County, close to the following cities and more: Adams , Agoura Hills, Alhambra, Aliso Viejo, Anaheim, Arcadia, Arleta , Artesia, Atwater Village , Avalon, Azusa, Balboa, Baldwin Park, Barnes City , Bel Air , Bell, Bell Gardens, Bellflower, Benedict Canyon, Beverly Glen , Beverly Hills, Boyle Heights, Bradbury, Brea, Brentwood, Buena Park, Burbank, Calabasas, Canoga Park, Carson, Cerritos, Chatsworth, Chinatown , Claremont, Coldwater Canyon, Commerce, Compton, Corona Del Mar , Costa Mesa, Coto de Caza, Covina, Crenshaw , Cudahy, Culver City, Cypress, Dana Point, Diamond Bar, Dove Canyon, Downey, Downtown Los Angeles , Duarte, Eagle Rock , Echo Park , El Monte, El Segundo, El Sereno , Encino , Expo Park , Foothill Ranch, Fountain Valley, Fullerton, Garden Grove, Gardena, Glassell Park , Glendale, Glendora, Granada Hills , Green Meadows , Hancock Park , Harbor City , Hawaiian Gardens, Hawthorne, Hermosa Beach, Hidden Hills, Highland Park , Hollywood , Huntington Beach, Huntington Park, Industry, Inglewood, Irvine, Irwindale, Koreatown , La Brea , La Canada Flintridge, La Habra, La Habra Heights, La Mirada, La Palma, La Puente, La Verne, Ladera Ranch, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Balboa , Lake Forest, Lakeview Terrace , Lakewood, Lancaster, Lawndale, Lincoln Heights , Little Tokyo , Lomita, Long Beach, Los Alamitos, Los Angeles, Los Feliz, Lynwood, Malibu, Manhattan Beach, Mar Vista , Maywood, Miracle Mile, Mission Hills, Mission Viejo, Monarch Beach, Monrovia, Montebello, Monterey Park, Mount Olympus , Newport Beach, Newport Coast, North Hills , North Hollywood , North Shoestring , Northridge , Norwalk, Orange, Pacific Palisades , Pacoima , Palmdale, Palms, Palos Verdes Estates, Panorama City , Paramount, Park La Brea , Pasadena, Pico Rivera, Placentia, Playa del Rey , Pomona, Porter Ranch , Portola Hills, Rancho Palos Verdes, Rancho Park , Rancho Santa Margarita, Redondo Beach, Reseda , Rolling Hills, Rolling Hills Estates, Rosemead, San Clemente, San Dimas, San Fernando, San Gabriel, San Juan Capistrano, San Marino, San Pedro , Santa Ana, Santa Clarita, Santa Fe Springs, Santa Monica, Seal Beach, Sepulveda , Sherman Oaks , Sierra Madre, Signal Hill, Silverlake, South El Monte, South Gate, South Park , South Pasadena, South Vermont , Stanton, Studio City , Sun Valley, Sunland, Sylmar , Talega, Tarzana , Temple City, Thousand Oaks, Toluca Lake , Torrance, Trabuco Canyon, Tujunga , Tustin, Valley Glen , Valley Village , Van Nuys , Venice, Vermont Square , Vernon, Villa Park, Walnut, Warner Center , Watts , West Adams , West Covina, West Hills, West Hollywood, West Los Angeles , Westchester, Westlake, Westlake Village, Westminster, Westwood , Whittier, Wilmington , Winnetka , Woodland Hills and Yorba Linda.

12 Sep 2014
China EB-5 Numbers No Longer Available for Fiscal Year 2014
09 Sep 2014
Immigration Offenses Account for 80% of Immigration Court Deportation Orders