5. November 2009 by admin.

Review Form I-292 that notified you of the adverse decision to determine whether or not you may appeal the denial of your petition or application.  The decision will inform you of the proper appellate jurisdiction and provide you with the correct form.

If you want to appeal the denial of a petition or application, the notice of appeal must be filed within 30 days of the date of the decision.  If you receive the decision by mail, you must file the appeal within 33 days of the date of the decision.  If you wish to appeal the revocation of an approved immigrant petition, you must file the appeal within 15 days of the date of the decision, or within 18 days of the date of the decision if the decision is received by mail.

If the AAO has jurisdiction over the decision, you must file the notice of appeal on Form I-290B, Notice of Appeal to the Administrative Appeal Office.  The appeal must be filed with the office that made the original decision.  You may file an explanation in support of your appeal.  You must include the required fee.  If you require a fee waiver, please see fee waiver request procedures and the USCIS fee waiver policy memorandum.

If you wish to appeal a negative decision by the USCIS, speak to an immigration attorney at 626-771-1078 or visit our firm at www.myfianceevisa.com

Posted in K-1 and K-3 Appeals | Print | No Comments »

5. November 2009 by admin.

When the USCIS denies or revokes an immigration petition, in most cases you may appeal the decision to higher authority for review. In immigration proceedings, the appellate review authority is divided between two separate Government agencies: the Administrative Appeals Office (AAO) within USCIS, and the Board of Immigration Appeals (BIA), under the jurisdiction of the Executive Office for Immigration Review, U.S. Department of Justice.

If a petition or application is denied or revoked by USCIS, you should carefully review the written decision. The notice (Form I-292) 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 for filing an appeal.

If your petition has been denied, contact an experienced immigration attorney at 626-771-1078 or visit us at www.myfianceevisa.com to discuss your options.

Posted in K-1 and K-3 Appeals | Print | No Comments »