Administrative Appeals Process

Should an application be denied or revoked by the U.S. Citizenship and Immigration Services (USCIS), you can appeal the decision to a higher authority. If you receive a denial notice, it will inform you of the appropriate appellate jurisdiction and provide you with an appeal form. There are deadlines that must be met to properly file the appeal, as well as a fee given to the office that made the original decision. After filing the appeal, the appellate authority may change the original decision, affirm the original decision or send the matter back to the original office for further action.

You can also file a motion to reopen or reconsider with the office that denied your application. A motion to reopen must state new facts. A motion to reconsider must prove that the decision was based on an incorrect application of the law or USCIS policy. Motions to reopen and motions to reconsider must be filed, with a fee, within 30 days of the decision.

If you chose to appeal the denial, the notice of appeal must be filed within 30 days of the decision date. If you receive the denial notice by mail, you must file within 33 days of the decision date. If you want to appeal the revocation of an approved immigrant petition, you must file within 15 days or within 18 days if received by mail.