Immigration Appeals/Motions to Reopen/Reconsider

Yes, you may be eligible to file an appeal or motion.

An appeal is a request for a different authority to review an unfavorable decision. 

You can appeal some Citizenship and Immigration Services (USCIS) decisions to the Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA), an office within the U.S. Department of Justice. 

The BIA and AAO are entities that have jurisdiction over different kinds of immigration cases. Your denial or revocation notice will provide information on whether the decision can be appealed and where to file your appeal.

Generally, only the petitioner can file an appeal or motion of a denied or revoked visa petition. If you are the beneficiary, you usually cannot file an appeal or motion unless you are the petitioner and the beneficiary. However, if you are the beneficiary of Form I-140, Immigrant Petition for Alien Worker, you may be able to file an appeal or motion in a revocation process only. 

When you appeal a decision to AAO, the USCIS office that made the original decision will first review the appeal to determine if it will take favorable action and grant the requested immigration benefit. 

During this “initial field assessment,” the reviewing office will treat the timely appeal as a motion to reopen or a motion to reconsider and will either approve the request or petition or forward the appeal and associated procedural record to AAO to issue a new decision.

Your denial or revocation notice includes information about your appeal rights.

Appeals are filed using Form I-290B, Notice of Appeal, or Motion, some exceptions apply.

Appeals from decisions on a Form N-400, Application for Naturalization, are made on Form N-336, Request for a Hearing on a Decision on Naturalization Proceedings under Section 336.

Appeals from decisions on applications for special immigrant workers and legalization and cancellation of temporary lawful resident status under sections 210 and 245A of the Immigration and Naturalization Act are made on Form I-694, Notice of Appeal of a Decision. Under Sections 245A or 210 of the Immigration and Naturalization Act.

Appeals from decisions on a Form I-130, Alien Relative petition, or other decisions that are appealed to the BIA, are filed on Form EOIR-29, Notice of Appeal of a Decision by a U.S. Department of Homeland Security Officer to the Board of Appeals of Immigration, with the office that made the decision