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Denial of Immigration Petition – Now What?

If an immigration petition is denied by USCIS, it may be possible to appeal the denial, although whether or not that is likely to be successful varies depending on the circumstances of your individual case. Generally speaking, an appeal must be filed by the petitioner or applicant (not a beneficiary of a petition). For example, a petitioning spouse can appeal the denial of an I-130 Petition for Alien Relative, but the beneficiary (the spouse who intends to immigrate) cannot appeal the decision. An exception to this general rule is for I-140 beneficiaries whose approved I-140s have been revoked, as they may be able to file an appeal on their own behalf.

Depending on the type of immigration petition that was filed, the paperwork that will be completed and the agency to which it needs to be sent will vary. Many appeals will be filed with a form I-290(B) (Notice of Appeal or Motion), which may be sent to USCIS, to the Administrative Appeals Office (AAO), or less commonly to Immigration and Customs Enforcement (ICE). Appeals of an I-130 denial and denials of certain other applications will be directed to the BIA, and those will be filed using a form EOIR-29. If the initial appeal is denied, it may be possible to appeal that decision in federal court.

If you are interested in learning more about the appeals process for your immigration petition, contact Tanner Law Offices at (717) 731-8114 to schedule a consultation with one of our attorneys.