How does an AAO appeal work?
The Administrative Appeals Office reviews certain adverse USCIS decisions. An eligible appellant generally files Form I-290B, identifies the erroneous conclusions of fact or law in the decision, and may submit a supporting brief and additional evidence. The AAO independently reviews the issues within its appellate jurisdiction.
Send Us Your USCIS DecisionBefore appealing, identify the decision, jurisdiction and appellate issue.
The AAO is the appellate office for many—but not all—USCIS decisions.
The Administrative Appeals Office is part of U.S. Citizenship and Immigration Services and exercises appellate jurisdiction over specified immigration benefit decisions.
Many employment petition, waiver and other USCIS decisions can fall within AAO jurisdiction. Other matters use different review procedures. For example, many family petition appeals proceed to the Board of Immigration Appeals, while naturalization denials use the N-336 hearing process.
The first step is therefore jurisdiction: confirm that the adverse decision is actually appealable to the AAO before preparing Form I-290B.
An appeal moves through several distinct stages.
The USCIS field office has an opportunity to correct the decision before the matter reaches the AAO.
File Form I-290B
The affected applicant or petitioner files the appeal under the current USCIS instructions and identifies the specific erroneous conclusion of law or fact in the adverse decision.
Original Office Reviews the Appeal
The office that issued the adverse decision reviews the appeal and determines whether favorable action should be taken before the case is forwarded.
Record Goes to the AAO
If the reviewing office does not take favorable action, it forwards the appeal and record of proceeding for AAO review.
AAO Conducts De Novo Review
The AAO independently reviews the issues of fact, law, policy and discretion within the appeal.
Form I-290B does not create appellate jurisdiction where none exists.
Check the benefit and the decision before filing.
The AAO adjudicates appeals only where authority exists for appellate review of the particular USCIS decision.
Form I-140 petitions, many Form I-129 classifications, certain waiver applications and numerous other benefit requests can have AAO appeal rights depending on the governing regulation and decision.
Other matters follow different procedures. Eligible I-130 petition appeals generally proceed to the Board of Immigration Appeals rather than the AAO. N-400 denials use Form N-336 for administrative review. Some USCIS decisions provide motion rights but no administrative appeal.
The actual adverse decision and USCIS's current jurisdiction guidance should be checked before relying on an AAO appeal.
The AAO independently reviews the issues rather than merely asking whether the field office acted reasonably.
AAO review encompasses fact, law, policy and discretion.
USCIS's AAO Practice Manual states that the AAO exercises de novo review of issues of fact, law, policy and discretion.
That means the appellate presentation should establish why the appellant satisfies the governing immigration requirements, not merely identify a technical defect in the wording of the field office decision.
The AAO may independently evaluate evidence, determine the legal significance of facts and apply the relevant eligibility framework.
A strong appeal therefore combines identification of USCIS error with a complete explanation of why the record establishes the requested immigration benefit.
A successful appeal can sometimes be resolved before the AAO receives it.
A strong AAO appeal should identify error and prove eligibility.
Erroneous Finding
Quote or accurately summarize the USCIS conclusion being challenged and identify whether the problem is factual, legal, evidentiary or discretionary.
Governing Standard
Identify the statute, regulation, precedent decision or current USCIS policy governing the disputed eligibility issue.
Record Evidence
Cite the evidence demonstrating why USCIS's conclusion cannot be reconciled with the record or why additional evidence establishes the relevant facts.
Materiality
Explain why correcting the disputed finding changes the eligibility analysis rather than merely correcting an immaterial detail.
Independent Grounds
Address every additional denial ground that could independently prevent approval of the immigration benefit.
Requested Result
Explain the legally appropriate disposition supported by the corrected factual and legal analysis.
AAO appellate review can include evidence submitted after the initial decision.
The appeal record can be supplemented.
USCIS guidance expressly states that the AAO accepts new evidence on appeal and that the evidence need not have been previously unavailable.
That can be valuable where the original filing contained incomplete documentation, USCIS misunderstood a fact, stronger corroboration is available, or an official record provides better evidence of a disputed historical fact.
However, the appellant must still establish eligibility under the requirements governing the underlying immigration benefit. New evidence cannot automatically create retroactive eligibility when the benefit required a fact to exist at an earlier point.
The appellate brief should explain exactly what each significant new exhibit proves and why it affects the appealed decision.
Determine the filing period immediately after receiving the decision.
30 Calendar Days
Current USCIS Form I-290B procedures generally require most eligible appeals within 30 calendar days after service of the decision.
When USCIS mailed the decision, the ordinary filing period is generally 33 calendar days.
15 Calendar Days
An appeal from revocation of an approved petition generally uses the shorter 15-calendar-day filing period.
When USCIS mailed the revocation decision, the period is generally 18 calendar days. Follow the actual notice and current instructions.
AAO review can lead to different procedural results.
Appeal Granted
The AAO may sustain an appeal where its review establishes that the appellant has overcome the adverse decision and qualifies for the requested result.
Adverse Decision Upheld
The AAO may dismiss an appeal when the appellant does not overcome the grounds for the adverse decision or establish eligibility for the benefit sought.
Further USCIS Action Required
In appropriate circumstances, the matter may be returned for additional adjudicative action consistent with the appellate decision.
Six principles for a stronger administrative appeal.
Confirm AAO Jurisdiction
Do not assume every USCIS denial can be appealed using Form I-290B.
Identify Specific Error
Form I-290B should identify the erroneous conclusion of law or fact rather than merely state that the decision is being appealed.
Build for De Novo Review
Establish the complete eligibility case because the AAO independently reviews the factual and legal issues.
Use New Evidence Strategically
Supplement the record where the evidence materially strengthens or clarifies a disputed eligibility issue.
Give Field Review a Strong Record
A complete and focused appellate filing can support favorable action before the matter reaches the AAO.
Address Every Denial Ground
The appeal must overcome all independent findings that would otherwise continue to require denial.