Immigration Appeals

Types of Appealable Decisions

Many immigration decisions can be appealed, including:

• Denied visa applications (consular processing)
• Denied adjustment of status applications
• Denied asylum claims
• Denied naturalization (N-400) applications
• Denied family sponsorship petitions (I-130)
• Deportation or removal orders
• Denied waivers and other immigration benefits
• Denied motions to reopen or reconsider

BIA (Board of Immigration Appeals)

The BIA is the highest administrative appellate body for immigration cases. When USCIS or an Immigration Judge makes a decision, you can appeal to the BIA within 33 days. The BIA reviews your case to determine if the decision was correct under immigration law.

The BIA can affirm the decision, reverse it, or remand it back to the original decision-maker for further proceedings. Our experience with appellate advocacy ensures your case is presented in the strongest possible light.

AAO (Administrative Appeals Office)

For certain USCIS decisions (like denied I-130 petitions, I-140 employment-based cases, and other non-adjudication decisions), appeals go to the Administrative Appeals Office (AAO). The AAO provides appellate review of USCIS determinations and can reverse or affirm decisions.

Motions to Reopen & Reconsider

Before or instead of appealing, you may file a motion to reopen (based on new evidence) or reconsider (based on legal errors). These must be filed within specific timeframes:

• Motion to Reopen: Must be filed within 90 days of the decision and include new, material evidence
• Motion to Reconsider: Must be filed within 30 days and address legal errors or distinguish from controlling authority

These motions can sometimes be more effective than direct appeals, depending on the circumstances of your case.

Why Choose Attorney Anyere for Your Appeal

• Extensive appellate experience in immigration matters
• Thorough analysis of denial reasons to identify strongest arguments
• Skilled at drafting persuasive appeal briefs
• Familiar with both BIA and AAO procedures
• Knowledgeable about motions to reopen and reconsider strategies