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Appealing the Denial of My Petition or Application

If your petition or application is denied or revoked by the U.S. Citizenship and Immigration Services (USCIS), that decision may, in most cases, be appealed to a higher authority for review. In immigration proceedings, the appellate review authority is divided between two separate organizations within the Department of Justice: the Administrative Appeals Unit (AAU), under the jurisdiction of the USCIS (formerly INS), and the Board of Immigration Appeals (BIA), under the jurisdiction of the Executive Office of Immigration Review.

If your petition or application is denied or revoked, you should carefully review the written decision that is issued by the USCIS. The notice will inform you of the reasons for the decision, notify you of the proper appellate jurisdiction and the applicable deadlines, and provide you with the correct USCIS form to file an appeal.

For more information on the procedures for the two appellate authorities, please see one of the following:

 

 


The information provided in this website is not legal advice and should not be interpreted as legal advice. This website is intended to provide a basic understanding of this information in summary form. This information may not be comprehensive, is subject to change, and may not apply to all individual circumstances. Any information received here should be confirmed with the appropriate government agencies or with an attorney, particularly as it relates to your individual circumstances. Your use of this website indicates your agreement to be bound by our Terms of Use.

 
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