US immigration laws are structured in such a way that government agencies - not the courts - decide immigration disputes. The same agencies also handle appeals to their decisions. During the appeals process, the original applicant or petitioner can have the first decision reversed by a higher authority within the agency.

The original decision may change, it may stay the same, or it could be sent back to the agency for further action.

Which Agencies Review Immigration Decisions?

Several government agencies make immigration decisions and handle appeals.

Most appeals are handled by the Administrative Appeals Office, a section of the US Citizenship and Immigration Services (USCIS). However, some appeals are handled by the Board of Immigration Appeals, which is part of the Department of Justice, the Department of Labor's Board of Alien Labor Certification Appeals, and the Department of State's Visa Office or Board of Appellate Review.

If your request is denied and may be appealed, you'll receive appeal instructions when you receive your denial in the mail.

Steps to Appeal

If your immigration application or petition is denied, you will receive written notice that explains why it was denied. If you think the denial was made in error, then you should consider appealing the decision.

Assuming the Administrative Appeals Office is responsible for hearing your appeal, you must submit Form I-290B Notice of Appeal and a supporting brief within 30 days of receiving the denial. At that time, you may also request the opportunity to make an oral presentation in support of your appeal. However, oral arguments are rarely permitted.

To be successful, your appeal must identify a factual error or an error in the application of the law in the original decision.

The Administrative Appeals Office will review your appeal, and will send a written decision to you and your attorney. Once the Appeals Office has reviewed your appeal, their decision is final.

Motion to Reopen or Reconsider

If your application or petition has been denied, you may also make a motion to reopen your case or a motion to reconsider your case.

If you file a motion to reopen your case, you'll have to provide new facts that support your case. Essentially, you're providing the agency with new information that strengthens your original application or petition, and asking the agency to review the case in light of these new facts.

If you file a motion to reconsider your case, you're arguing that the person who made the original decision either misunderstood the law or misapplied the law.

Questions for Your Attorney

If you feel that your original immigration application or immigration petition was denied in error, then you may have grounds for an appeal. Because you only have one opportunity to file an appeal, it makes sense to work with an immigration lawyer who has experience with this type of work.

Among the questions to consider asking your attorney:

  • Do you have prior experience handling immigration appeals?
  • Have you been successful in past immigration appeals?
  • How would you evaluate the likelihood of success in my case?
  • How much do you charge for your services?