If you received an unfavorable decision from United States Citizenship and Immigration Services (USCIS) regarding a U.S. immigration application, you may have a chance to appeal the decision with evidence of an error or a valid reason to do so. This article dives into the eligibility criteria for appealing an unfavorable USCIS decision. Plus, learn how to fill out Form I-290B, the document used to file an appeal.
Eligibility for a USCIS Appeal
USCIS carefully and thoroughly reviews every application, so mistakes are quite rare. However, in some cases, USCIS may make an unfavorable decision that is eligible to appeal. Unfavorable USCIS decisions are eligible for an appeal in cases wherein:
- New evidence is made available after application submission.
- You have a valid reason for missing a hearing date (i.e., a family emergency).
- An error was made on USCIS’s part.
- You feel that prejudice influenced the unfavorable decision.
For example, if a marriage-based Green Card applicant obtains an official marriage certificate from the country in which they were married after filing their application, this may be grounds for an appeal. However, appealing an unfavorable USCIS decision without evidence of an error or a valid reason is not allowed.
How to Fill Out Form I-290B
To appeal a USCIS decision, a Form I-290B, Notice of Appeal or Motion, must be filed with the Administrative Appeals Office (AAO). Generally, the deadline to file Form I-290B with the AAO is 30 calendar days after the USCIS decision is issued. When you file the form, you must include the filing fee and the required documents supporting your reason for appealing. Documents can be:
- A brief or a document including additional evidence submitted directly to the AAO within 30 calendar days of filing the I-290B.
- A written request for oral argument before the AAO in Washington, D.C.
Most appeals are reviewed and completed within 180 days of submitting Form I-290B. If the appeal is granted, your case may either be approved or reopened for further processing at a USCIS office.
It is highly recommended to consult with an immigration attorney prior to appealing an unfavorable USCIS decision. Find more details on consulting with an immigration attorney and filing an I-290B to appeal a USCIS decision in the comprehensive guides linked above.
