160:(NOID): Here, the USCIS sends the petitioner a notice explaining that a denial is likely, along with reasons for denial. The petitioner has some time to send additional evidence that could help change the decision. The NOID is used for situations where the adjudicator (the person evaluating the petition) believes that the petition should be denied, but that the petitioner may have additional evidence that might lead the petition to be approved.
154:(RFE): Here, the USCIS requests the petitioner for additional evidence while the form is still being adjudicated. It is intended for use in cases where the adjudicator (the person evaluating the petition) believes that there is not enough evidence to approve the petition, but also believes that the petition may be redeemable, and that there is no clear factual or statutory basis for denial.
22:
322:
The significance of precedent and non-precedent decisions, as well as the concept of adopted decisions, as detailed below, have been evolving slowly since 2003. The most recent defining memorandum explaining the distinction was issued by the USCIS in
November 2013. This is part of a general thrust in
302:
request to USCIS. However, this is not part of the appeal timeline, so an appellant cannot use delay in processing of the FOIA to explain delay in submitting any necessary documents. The FOIA can be made by anybody (not necessarily the petitioner or beneficiary); however, key identifying information,
164:
In some cases, petitions that were initially approved are readjudicated after a consular officer processing a visa based on the approved petition finds a reason that the petition should not have been approved or is no longer approvable. The USCIS may decide, based on the readjudication, to revoke the
289:
The appellate review should be completed within six months (180 days) of receiving the appeal (note that this includes the time spent on initial field review). Like the rest of USCIS, the AAO releases processing time goals for appeals based on form type. Current AAO processing times are not included
131:
In contrast, motions to reconsider or reopen apply to the same office that made the decision being appealed. In particular, a motion to reconsider or reopen a denial by a service center will be made to that service center. Motions to reconsider/reopen must be accompanied by new evidence showing that
106:(with a fee) within 30 days of the initial denial. The USCIS office that denied the benefit will review the appeal and determine whether to take favorable action and grant the benefit request. If that office does not take favorable action, it will forward the appeal to the AAO for appellate review.
256:
If the petitioner files Form I-290B, Notice of Appeal or Motion, the appeal is first sent to the office that adjudicated the original petition. This gives the office the opportunity to review the appeal and readjudicate the petition if necessary. This stage is called initial field review or IFR.
189:
be filed by the petitioner. The beneficiary cannot appeal a USCIS decision. This is relevant to forms such as Form I-129, Form I-130, and Form I-140, where, in most cases, the beneficiary differs from the petitioner. For instance, with Form I-130, a US citizen wife might file a petition for her
331:
Most AAO decisions are non-precedent decisions: they apply existing law and policy to the facts of the case. Non-precedent decisions are binding on the parties involved, but have no effect on agency guidance or practice. AAO has all its non-precedent decisions since 2005 available in an online
127:
The key difference between appeals and motions is that appeals go to the AAO, i.e., a higher authority than the one that made the decision being appealed. Also, they do not need to include additional evidence, since the underlying claim of the appeal is that the office whose decision is being
352:
Some AAO decisions acquire the status of precedent decisions. This means they become legally binding on all DHS components that deal with the law. Precedent decisions therefore carry more force than adopted decisions, which in turn carry more force than other non-precedent decisions.
211:
An appeal that is filed late is automatically treated as a motion to reconsider or reopen, if it otherwise meets the criteria for those. Although the motion to reconsider or reopen also has the same time limits, there is a little more flexibility allowed for late filing of motions.
290:
in USCIS' monthly report of processing times across its field offices and service centers, but rather, the fraction of appeals for each category for which processing time goals were met in the most recent quarter is included on the AAO processing times page.
274:
After initial field review, the appeal is processed by AAO, using the original petition, the decision of the USCIS field office, and any briefs or oral arguments presented as part of the appeal. The AAO will then come to one of three decisions:
143:
An appeal can be made about a petition only after the USCIS officer adjudicating or re-adjudicating the petition has finished adjudicating, and only if the petition was denied (for initial adjudication) or revoked (for re-adjudication).
403:
In 1994, the two units were combined into the
Administrative Appeals Office (AAO). In 2003, the INS was dismantled and AAO was absorbed into the newly created United States Citizenship and Immigration Services (USCIS).
413:
On
November 4, 2015, the USCIS issued a Policy Memorandum with updated guidance on how Form I-290B appeals would be processed by the USCIS, with a focus on explaining the timeline and process for initial field review.
172:
if a denial or revocation is sent, it includes information on whether an appeal is allowed. If no appeal is allowed, then the only option available for challenge is filing a motion to reconsider or reopen.
373:
Although not legally bound by them, federal courts generally give more deference to precedent decisions, and decisions using similar reasoning as precedent decisions, than to non-precedent decisions,
241:
Department of
Defense or National Interest Situation (Note: The request must come from an official United States Government entity and must state that a delay will be detrimental to the Government);
1063:
980:
546:
822:
393:(the historical agency that carried out functions currently carried out by USCIS, as well as some of the functions of ICE and CBP) created the Administrative Appeals Unit (AAU) in 1983.
344:
Non-precedent decisions by AAO are sometimes adopted by USCIS as binding policy guidance for USCIS personnel. An adopted decision may later get superseded by other USCIS policy changes.
947:
764:
311:
If an appeal to AAO is denied, the appellant can file a motion to reconsider or reopen if there is new evidence that would show that the appeal should have been sustained.
1009:
984:
954:
901:
876:
851:
799:
738:
713:
662:
631:
603:
575:
550:
524:
493:
460:
76:
456:
1031:
1005:
847:
517:
381:
The AAO releases data on the number of appeals of each decision type (dismiss, sustain, remand) for each combination of USCIS form category and fiscal year.
599:
872:
215:
Appeals may be accompanied by briefs in support of the appeal. The briefs can be submitted at the time of initial filing of the appeal or within 30 days.
709:
397:
333:
299:
627:
147:
There are two steps that the USCIS might take in order to help petitioners voice their concerns during adjudication, to reduce the need for appeals:
260:
If the office finds no problem with the denial or revocation, then the appeal is forwarded to the AAO, entering the stage called appellate review.
390:
1058:
792:
32:
926:
244:
Handling error by USCIS that has created an unreasonable delay that may be corrected by placing the case back in its original order; and
734:
336:(FOIA) requests. The name of the petitioner and beneficiary are usually redacted in the non-precedent decisions available online.
407:
On
November 18, 2013, USCIS issued a Policy Memorandum with guidance on the proper use of precedent and non-precedent decisions.
135:
To complicate matters, it is possible to file a motion to reconsider or reopen AAO's decision in response to a past appeal.
426:
117:
225:
Appellants may also request expedited processing of the AAO, but only by providing evidence of one or more of these:
79:(USCIS) that can be used by petitioners to appeal adverse USCIS decisions made on their petitions. It is located in
166:
684:
238:
Nonprofit status of requesting organization in furthering the cultural and social interests of the United States;
157:
793:"Policy Memorandum: Subject: Precedent and Non-Precedent Decisions of the Administrative Appeals Office (AAO)"
103:
97:
323:
the AAO to move toward clearer and more consistent rulemaking to improve decision quality and consistency.
83:, and all its in-person functions (including listening to oral arguments) happen only in Washington, D.C.
571:
410:
In
January 2015, the first edition of the AAO Practice Manual was published and made available online.
486:
151:
656:"Policy Memorandum: Subject: Initial Field Review of Appeals to the Administrative Appeals Office"
193:
The appeal must be filed within a specific time limit after the adverse decision. The limits are:
314:
Otherwise, the AAO's decision can be appealed within the United States federal judicial system.
655:
298:
It is possible to get a copy of the notice of record for an appeal made to AAO by submitting a
1032:"News: USCIS Administrative Appeals Office Launches Search Tool for Non-Precedent Decisions"
219:
80:
285:
Remand (return) the appeal, thus making the original office review the petition yet again.
742:
222:
Oral arguments are not always granted. Interpreters are not provided for oral arguments.
190:
non-US-citizen husband. In this case, only the wife can appeal a denial, not the husband.
823:"USCIS' AAO (Administrative Appeals Office) Appears to be Moving In The Right Direction"
1052:
1006:"News: USCIS Message: Administrative Appeals Office Introduces First Practice Manual"
922:
417:
In April 2016, AAO made its non-precedent decisions since 2005 publicly searchable.
139:
Adjudication (or readjudication) that must be completed before an appeal can be made
266:
The defining guidelines for IFR were issued in a
November 2015 policy memorandum.
897:
279:
Sustain (approve) the appeal, thus overturning the original denial or revocation.
282:
Dismiss (deny) the appeal, thus maintaining the original denial or revocation.
169:(NOIR) that plays a similar role as the NOID does for initial adjudication.
396:
Later, to deal with appeals for the legalization introduced as part of the
109:
Form I-290B, Notice of Appeal or Motion, can be used for three purposes:
303:
including the petitioner's and beneficiary's name, are often redacted.
181:
The following restrictions apply on using Form I-290B to file appeals:
165:
petition. During this readjudication process, the USCIS may issue a
218:
The appellant can also request an oral argument before the AAO in
975:
973:
971:
15:
263:
The initial field review should be completed within 45 days.
318:
Decision framework and impact on USCIS and judicial review
128:
appealed did not correctly process the existing evidence.
594:
592:
547:"Practice Manual : Motions to Reopen and Reconsider"
332:
repository. Decisions before 2005 can be obtained using
132:
the initially filed petition should have been approved.
704:
702:
39:
481:
479:
477:
356:
Precedent decisions may be modified or overruled by:
842:
840:
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620:
1064:United States Citizenship and Immigration Services
1010:United States Citizenship and Immigration Services
985:United States Citizenship and Immigration Services
955:United States Citizenship and Immigration Services
902:United States Citizenship and Immigration Services
877:United States Citizenship and Immigration Services
852:United States Citizenship and Immigration Services
800:United States Citizenship and Immigration Services
739:United States Citizenship and Immigration Services
714:United States Citizenship and Immigration Services
663:United States Citizenship and Immigration Services
632:United States Citizenship and Immigration Services
604:United States Citizenship and Immigration Services
576:United States Citizenship and Immigration Services
551:United States Citizenship and Immigration Services
525:United States Citizenship and Immigration Services
494:United States Citizenship and Immigration Services
461:United States Citizenship and Immigration Services
400:, it created the Legalization Appeals Unit (LAU).
77:United States Citizenship and Immigration Services
787:
785:
229:Severe financial loss to a company or individual;
202:15 calendar days for revocations served in person
205:18 calendar days for revocations served by mail
196:30 calendar days for denials served in person
8:
572:"Questions and Answers: Appeals and Motions"
512:
510:
199:33 calendar days for denials served by mail
650:
648:
451:
449:
447:
445:
443:
441:
398:Immigration Reform and Control Act of 1986
457:"The Administrative Appeals Office (AAO)"
685:"Administrative Appeals with the USCIS"
437:
391:Immigration and Naturalization Services
123:To file a motion to reopen a decision
7:
927:United States Department of Justice
765:"Sample AAO non-precedent decision"
735:"USCIS Processing Time Information"
65:USCIS Administrative Appeals Office
1034:. Immigration Daily. April 4, 2016
821:Whalen, Joseph P. (May 29, 2014).
14:
42:and remove advice or instruction.
981:"AAO Practice Manual, Chapter 1"
20:
487:"Instructions for Form I-290B"
113:To file an appeal with the AAO
102:Most appeals must be filed on
1:
1059:United States immigration law
848:"AAO Non-Precedent Decisions"
307:Steps if the appeal is denied
247:Compelling interest of USCIS.
61:Administrative Appeals Office
427:Board of Immigration Appeals
232:Extreme emergent situation;
1080:
948:"AAO Appeal Adjudications"
334:Freedom of Information Act
300:Freedom of Information Act
252:Initial field review (IFR)
167:Notice of Intent to Revoke
95:
600:"AAO Processing Requests"
366:Later precedent decisions
92:Three uses of Form I-290B
158:Notice of Intent to Deny
67:, and also known as the
923:"DHS/AAO/INS Decisions"
873:"Adopted AAO Decisions"
327:Non-precedent decisions
235:Humanitarian situation;
98:USCIS immigration forms
710:"AAO Processing Times"
75:, is an office within
898:"Precedent Decisions"
745:on February 23, 2007
360:The Attorney General
177:Submission of appeal
152:Request For Evidence
118:motion to reconsider
40:rewrite this article
825:. Immigration Daily
802:. November 18, 2013
628:"AAO Decision Data"
518:"Policy Memorandum"
348:Precedent decisions
1012:. January 29, 2015
665:. November 4, 2015
369:Changes in the law
340:Adopted decisions
57:
56:
33:a manual or guide
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220:Washington, D.C.
81:Washington, D.C.
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31:is written like
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87:Appeals process
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527:. June 3, 2013
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29:This article
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1038:December 25,
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880:. Retrieved
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855:. Retrieved
829:December 25,
827:. Retrieved
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806:December 25,
804:. Retrieved
774:December 26,
772:. Retrieved
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747:. Retrieved
743:the original
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719:December 25,
717:. Retrieved
691:December 25,
689:. Retrieved
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637:December 25,
635:. Retrieved
609:December 25,
607:. Retrieved
581:December 25,
579:. Retrieved
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556:November 28,
554:. Retrieved
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63:, full name
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38:Please help
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749:January 22,
531:January 16,
185:The appeal
104:Form I-290B
1053:Categories
433:References
120:a decision
116:To file a
687:. FindLaw
377:Data sets
73:USCIS AAO
421:See also
385:History
294:Records
951:(PDF)
796:(PDF)
768:(PDF)
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1040:2016
1018:2016
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751:2015
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389:The
187:must
71:and
59:The
69:AAO
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