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Your options for filing an appeal against an immigration decision

If you are an immigrant to the United States and you are currently fighting to defend your right to live here, it’s likely that you are feeling stressed and anxious about the future. Often, the law can feel confusing and intimidating, and you may feel as though you are not in control of your future in the way that you would like to be.

If you have recently been denied in your immigration application or you have had your right to continue living in the United States revoked, you may feel as though you are running out of options. However, if you are quick to take action after the decision has been made, you may be able to successfully file an appeal. The following is an overview of how you may be able to appeal a petition or application decision.

Appealing a decision to the Administrative Appeals Office (AAO)

The AAO is a division of the U.S. Citizen and Immigration Service (USCIS). To make an administrative appeal, you must file the appeal with the office that made the original decision. You must pay the pre-designated filing fee when making the appeal.

In most cases, you will want to submit a brief to accompany your appeal filing. This brief should outline why your situation should be reconsidered, and why your application or petition should not have been denied or revoked.

What happens after you have filed

After you file your appeal, the appellate authority will evaluate your appeal and either agree with your appeal and change the original decision, disagree with your appeal and stand by the original decision, or send the case back to the original office so that it can be reviewed.

It’s important that you do not simply give up hope if you have had an immigration application denied. Make sure that you consult with the legal advocate and understand your rights so that you have the best possible chance of success.