{"id":352861,"date":"2022-08-19T07:42:50","date_gmt":"2022-08-19T12:42:50","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/immigration\/visas\/administrative-appeals-with-the-uscis.html"},"modified":"2026-05-03T23:37:00","modified_gmt":"2026-05-04T04:37:00","slug":"administrative-appeals-with-the-uscis","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/immigration\/visas\/administrative-appeals-with-the-uscis.html","title":{"rendered":"Visa Denials: Administrative Appeals With the USCIS"},"content":{"rendered":"\n
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Visa Denials: Administrative Appeals With the USCIS<\/h1>\n\n
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\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by Joseph Fawbush, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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An administrative appeal lets you ask a higher USCIS<\/span> authority to review an unfavorable decision<\/span> on your immigration petition<\/span>. Depending on the type of case, your appeal may go to the Administrative Appeals Office<\/span> (AAO<\/span>) or the Board of Immigration Appeals<\/span> (BIA<\/span>). If the decision isn\u2019t appealable, you may still be able to file a motion asking USCIS<\/span> to reopen or reconsider your case.<\/p>\n\n <\/div>\n\n\n\n

Facing a U.S. visa<\/span> denial may feel frustrating and overwhelming. For some, it is a major setback. You have gone through the preparation and submission of immigration documents only to be denied the visa you are trying to obtain. But in some visa denials, you have the chance to appeal the decision made by U.S. Citizenship and Immigration Services<\/span> (USCIS<\/span>).<\/p>\n

This article will give you a better understanding of your rights and the steps that you can take to conduct an administrative appeal. You may benefit from an immigration attorney<\/span>\u2019s expertise<\/a> with this process. A lawyer can review the denial, identify any errors, and present stronger evidence on your behalf.<\/p>\n

What Can I Do if I Receive an Unfavorable Decision<\/span> from the USCIS<\/span>?<\/h2>\n

If you receive an unfavorable decision<\/span> from the USCIS<\/span>, you may be eligible to file an appeal. This enables the visa applicant<\/span> or petitioner<\/span> to have their case reviewed by either the\u00a0Administrative Appeals Office<\/span> (AAO<\/span>)<\/a>\u00a0or the\u00a0Board of Immigration Appeals<\/span> (BIA<\/span>)<\/a>, which is a part of the Department of Justice (DOJ). The AAO<\/span> and the BIA<\/span> are administrative bodies with the authority to handle different immigration-related matters.<\/p>\n

On the other hand, a\u00a0motion is a request<\/a>\u00a0to the USCIS<\/span> field office<\/span> that initially made an unfavorable decision<\/span>. You are asking the USCIS<\/span> office<\/span> to reconsider your case through a motion. You may file a motion to reconsider<\/span> or reopen if you receive an unfavorable decision<\/span>. You may also file a motion even in cases where an appeal is not possible.<\/p>\n

How Will You Know if the Decision Is Appealable?<\/h2>\n

The notice you receive upon denial of your immigration request<\/a> will provide details on whether the decision is appealable.<\/p>\n

The Administrative Appeals Office<\/span> (AAO<\/span>)<\/h2>\n

The Administrative Appeals Office<\/span> (AAO<\/span>) handles appeals of unfavorable decisions<\/span>. Applicants and petitioners<\/span> of certain immigration categories may appeal the unfavorable decision<\/span> they received to the AAO<\/span>. The AAO<\/span>, in turn, conducts administrative reviews<\/span> on these appeals and ensures the accuracy and consistency in interpreting immigration laws<\/span> and policies.<\/p>\n

What Are the Case Types<\/span> That Can Be Appealed to the AAO<\/span>?<\/h2>\n

The AAO<\/span> exercises appellate jurisdiction under the authority that the Department of Homeland Security<\/span> (DHS<\/span>) delegated to the USCIS<\/span>. That means the AAO<\/span> handles cases filed with USCIS<\/span> and other determinations issued by the U.S. Immigration and Customs Enforcement (ICE).<\/p>\n

The\u00a0following categories<\/a>\u00a0are some of the immigration cases<\/span> handled by the AAO<\/span>:<\/p>\n