Can anyone submit a form I290B appeal?
Anyone representing the petitioner, or the petitioner can file an Appeal. But there is an exception when the beneficiary was also the petitioner can file an appeal (for example, a VAWA self-petitioner, the widow(er) of a U.S. citizen, or otherwise authorized to file a visa petition for yourself).
How much time do I have to Appeal a USCIS decision?
Form I290B must be filed within 30 days of a USCIS or DOL decision. If the denial notice was received in the mail, you will have 3 extra days for a total of 33 days from the date of denial to make an Appeal. In cases of Revocation, there is a shorter 15-day deadline.
What is "Initial Field Review"?
After ensuring the Appeal is complete along with the filing fee, the USCIS field office that made the adverse decision conducts an “Initial field review” of the appeal to determine whether to take favorable action. The field office must review the Appeal before forwarding it to the AAO.
What is "favorable action"?
If the office determines that favorable action is warranted, favorable action is defined by treating your Appeal as a motion and approving your application or petition, making further AAO review unnecessary.
Can an employee Appeal a decision to deny an employment petition?
An employee cannot Appeal a decision made to deny an employment petition. In this case, the employee is considered a beneficiary. Only the employer or an attorney for the employer can file a petition for an Appeal.
Are there any exceptions to an employee Appeal on a decision to deny employment petition?
The only way in which an employee can file an Appeal is in the “revocation proceeding” as employees are considered “affected parties” in this stage relating to their visa petitions. To file an Appeal or Motion, you must have had an approved Form I-140 that USCIS later revoked, filed a Form I-485 based on a valid Form I-140, and the Form I-485 has been pending for 180 days or more, submitted a Form I-485 Supplement J after January 17, 2017, to request job portability, or you submitted a portability request before January 17, 2017, via a written letter or other acceptable form of communication, and USCIS has approved your portability request.
Should I submit more evidence or a summary of my arguments for the Appeal?
- Yes, you should include more evidence and a summary of your arguments in your Appeal. Both are necessary and helpful in validating your appeal. If you have new evidence since the initial submission, you should also include copies of new evidence, including affidavits of the witnesses or experts.
- You should also include a brief, which is a summary of all your arguments and explanations that will support your Appeal. While it is not mandatory to include a brief, adding it to the Appeal brings a higher success rate as you get the chance to clearly explain your position to the AAO.
Can I request oral arguments in my Appeal?
Yes, you can make a request for oral arguments, but the request is rarely granted. Also, it is usually not a preferred way to make your statement as it costs a lot of time and money. You will have to provide a strong reason to support the need for oral arguments as well as bear the extensive expenses.
How long will it take to get an answer on my Appeal?
It may take a year or two to get answers to your Appeals. According to USCIS, “the AAO strives to complete its appellate review within 180 days from the time it receives a case file after the initial review.” However, AAO Appeal reviews often exceed 180 days depending on the complexity of your case as well as how busy the AAO is at the time. You can find more information on the appeal processing time at theUSCIS website.
Is it better to Appeal or to reapply?
In most cases, reapplying is an easier and more efficient way to get your application approved. By reapplying, you can present a more careful collection of evidence since you already knew the reason behind the denial, rather than convincing a USCIS or AAO to revert an unfavorable decision.
What are the chances of success of filing an Appeal? Is this worth doing?
The chances of successfully reversing the adverse decision with I-290B Appeal depends on your ability to present new evidence or appropriate law that shows USCIS made an erroneous decision in the first place. Thus, having an attorney is highly recommended to expertly review the initial denial decision and determine whether it is worth filing a I-290B.
What documents do I need to prepare to file an Appeal?
Each case is unique and requires specific documents and documentary evidence dependent on the case type and case category. We will assess the basis for denial, the case background, and potential challenges to strategize and come up with all necessary documentation. At Tsang and Associates, we specialize in writing legal briefs and cover letters, and finding documentary evidence to overturn unfavored decisions.
What can I do if my Appeal is denied?
Depending on your case, you may file another Motion to Reopen, or Appeal to the AAO, BIA, or directly to the district court. Please note, you may only Appeal a decision on a Motion to the AAO only if the original decision was appealable to the AAO. Denial of Motions to Reopen can also be appealed to the Board of Immigration Appeals (BIA) as can most underlying cases. And if the BIA denies the Appeal, the matter can usually be further appealed to the United States Court of Appeals for the Ninth Circuit. To determine the correct course of action, you should speak with an attorney.
Is it worth the cost?
This is something only you can decide. Many cases deal with the possibility of deportation, financial ruin, company shutdown, or even separation from family. We understand that navigating immigration law can be scary and risky; our immigration lawyers at Tsang and Associates can help you navigate the complex structure of immigration law, combining years of experience with a solution-oriented mindset, delivered with compassion and understanding. We aspire to provide the highest quality of work, while maintaining reasonable fees. The decision is up to you, and we are happy to discuss a proposal with you.
