Immigration Appeals

USCIS Decisions

In most cases an unfavorable decision by the USCIS can be appealed to a higher administrative authority. There are two administrative agencies that have appellate jurisdiction over immigration cases:

• Administrative Appeals Office (AAO)
• Board of Immigration Appeals (BIA)

The notice of appeal must be filed within 30 calendar days of the decision. If you appeal the revocation of an immigrant petition approval, the appeal must be filed within 15 days of the decision.

BIA Appeals

A decision by an immigration judge can be appealed to the Board of Immigration Appeals (BIA). The BIA is part of the Executive Office for Immigration Review within the Department of Justice. The BIA conducts reviews on the record and very rarely hears oral arguments.

The notice of appeal must be received by the BIA within 30 calender days of the immigration judge's decision. A notice of appeal which does not give specific reasons for challenging the decision is subject to summary dismissal.

Federal Court Appeals

Decisions of the Board of Immigration Appeals (BIA) can be challenged in the federal courts of appeal. However, the court lacks jurisdiction to review determinations that are discretionary. The petition for review must be filed within 30 calendar days of the BIA decision. The filing of a petition for review does not automatically stop the execution of a removal order. In order to avoid deportation while judicial review is pending, you must file with the court a separate motion to stay removal.