When it comes to appealing USCIS decisions, there are specific time limits to filing appeals, and appeals for different cases will require the submission of different forms.
A – Yes. In general, people will have to file an appeal within 30 days of the date of the decision (i.e., the date on the notice they received from USCIS). It’s important to point out here that:
- The notice from USCIS should specify the date on which the appeal period ends.
- Extensions for appealing USCIS decisions are NOT available. In other words, if you miss the window for filing an appeal, you will lose your opportunity to do so in the future.
- Although appeals must be filed by the specified deadlines, supporting documentation to the appeal (like, for instance, briefs) may be submitted after the deadline in some cases.
Q – How do I file an appeal?
A – In most cases, filing an appeal will involve completing a Form I-290B, Notice of Appeal or Motion; there are, however, some exceptions to this, depending of course on the specific issue involved.
While the notice from USCIS regarding a denial and a person’s options for appealing USCIS decisions will usually detail the specific forms that have to be completed in order to officially initiate the appeals process, in general, the following forms may be applicable to the stated issues:
- Form N-336 (Request for a Hearing on A Decision in Naturalization Proceedings) is for appealing USCIS decisions regarding citizenship and naturalization matters.
- Form EOIR-29 (Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer) is for appealing USCIS decisions regarding immigration issues affecting alien relatives.
Q – What happens during the process of appealing USCIS decisions?
A – During the process of appealing USCIS decisions, the USCIS agent or officer who made the initial decision in the case will review the case. Then:
- A decision will be made regarding whether the case should be reopened or reconsidered, based on the information and arguments provided in the appeals documents
- The case will be forwarded to the AAO or the BIC for more intensive review if the officer reviewing the case decides that reopening or reconsidering the case is not warranted.
It’s important that people appealing USCIS decisions are also aware that filing an appeal will not stop other actions – such as, for instance, deportation – from taking place.
Be sure to check out the upcoming conclusion to this blog series for some more answers to commonly asked questions about appealing USCIS decisions.
Los Angeles, California Immigration Lawyers at the Hanlon Law Group, P.C.
Do you need help appealing a USCIS decision or denial? If so, it’s time to contact the Los Angeles immigration attorneys at the Hanlon Law Group, P.C.
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