Immigration Law Firm

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Appeals Before the Administrative Appeals Office (AAO)

If USCIS has denied your immigration petition or application, it does not have to be the end of the road. Many denials can be challenged through an appeal to the Administrative Appeals Office (AAO). At Abogada Vida, we help clients file strong appeals and fight for their immigration benefits so they can continue their new vida in the United States.

What Is an AAO Appeal?

The AAO is the branch of USCIS that reviews certain types of denied immigration cases. Its job is to make sure immigration law and policy are applied consistently and fairly. The AAO has jurisdiction over dozens of case types, including:

  • Employment-based immigrant and nonimmigrant visa petitions

  • EB-5 immigrant investor petitions

  • Temporary Protected Status (TPS) applications

  • Certain waivers, humanitarian, and business-related petitions

Not every case can be appealed to the AAO. Some appeals go to the Board of Immigration Appeals (BIA) instead. That is why it is critical to have an attorney review your case before moving forward.

How the Appeal Process Works

  • Who Can File: Only an “affected party,” such as the petitioner, applicant, or self-petitioner, may file the appeal.

  • How to File: Appeals are filed on Form I-290B, Notice of Appeal or Motion, with the required fee, within the strict deadline (usually 30 days from the denial).

  • Review: The AAO reviews the case “de novo,” meaning they look at everything again from the beginning, considering law, facts, and evidence.

  • Outcome: The AAO can sustain the appeal (approve the case), dismiss it (deny the appeal), or remand it (send it back to the USCIS office for more review).

What Happens If the Appeal Is Denied?

If the AAO dismisses the appeal, the case is not over. You may still be able to file a Motion to Reopen (with new evidence) or a Motion to Reconsider (based on legal errors). Our team evaluates every option to keep your case alive.

How Abogada Vida Helps

Appealing to the AAO requires a deep understanding of both immigration law and USCIS policies. At Abogada Vida, we:

  • Review the denial to determine if an AAO appeal is possible

     

  • Identify the errors in the USCIS decision and build a strong legal argument

     

  • Gather and present persuasive evidence to support your case

     

  • File the appeal on time and in full compliance with USCIS requirements

     

  • Explore backup strategies such as motions or federal litigation if needed

     

Do Not Let a USCIS Denial Define Your Future

If your immigration application or petition has been denied, you may still have a path forward. An appeal before the AAO gives you another chance to secure the immigration benefits you deserve.

At Abogada Vida, we fight to turn denials into approvals and help you protect your future in the United States. Contact us today to see if an AAO appeal is right for your case.



Disclaimer: The information provided here is for general informational purposes only and is not intended as legal advice. Immigration law is complex and constantly evolving. For advice tailored to your unique situation, please consult directly with our experienced attorney at Abogada Vida.

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Abogada Vida is pleased to offer consultations via telephone, video conference, and in person.
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