Where to Appeal After an Immigration Denial?

A denial in the immigration process is not always the end of the road. Depending on the type of application and the reasons for the denial, you may still have the opportunity to assert your rights through the appeals process. In the United States, it generally falls into three categories to appeal an immigration denial: filing an appeal with the Administrative Appeals Office (AAO) within U.S. Citizenship and Immigration Services (USCIS), appealing to the Board of Immigration Appeals (BIA)—the higher authority over the immigration court system—or seeking judicial review in federal court. Each of these bodies has its own jurisdiction and procedures. Understanding which appeal mechanism applies in your case is the critical first step toward securing lawful status or other immigration-related rights. Below, we will introduce which types of immigration applications can be appealed to the AAO, BIA, or federal courts, along with the applicable scenarios and important considerations.

1. What types of immigration denials can be appealed to the AAO?

The Administrative Appeals Office (AAO) is an internal USCIS review body designated to handle appeals of certain types of denied applications. If USCIS denies one of your special-category applications, you may be able to request a second review by the AAO for reevaluation.

The AAO has jurisdiction to review appeals for the following types of cases:

• Employment- and entrepreneurship-related petitions

• Most employment-based visas or immigrant petitions (e.g., employer-sponsored green card, Form I-140)

• Immigrant investor petitions (Form I-526, used by EB-5 investors)

• Employment-based nonimmigrant petitions (Form I-129)

• Family- and marriage-related petitions

• Fiancé(e) visa petitions (Form I-129F)

• Certain special family-based immigrant petitions (Form I-360)

• Humanitarian protections

• Temporary Protected Status (TPS, Form I-821)

• T and U visas (for victims of human trafficking or qualifying crimes) and related adjustment applications (Forms I-914, I-918)

• Waivers and reentry requests under special circumstances

• Waiver of inadmissibility applications (Form I-601)

• Applications for permission to reapply after deportation or removal (Form I-212)

• Applications to preserve residence for naturalization purposes while staying abroad long-term (Form N-470)

• Orphan adoptions

• Intercountry adoption of orphans (Forms I-600, I-600A)

• Determinations by U.S. Immigration and Customs Enforcement (ICE) regarding bond breaches

• Decisions by USCIS service centers to revoke previously approved petitions

2. What types of immigration denials can be appealed to the BIA?

The Board of Immigration Appeals (BIA) is essentially the appellate court for the immigration court system. It reviews whether decisions made by immigration judges were fair and legally correct. For example, if the immigration court denies your asylum claim or orders your removal, you can appeal to the BIA for reconsideration.

The BIA has jurisdiction to review appeals in the following situations:

• Removal (deportation) or inadmissibility decisions

• If an immigration judge issues an order of removal (deportation order)

• If your request for voluntary departure is denied (with certain limitations)

• Denial of applications for protection

• Asylum applications

• Applications for deferral or withholding of removal

• Suspension of deportation

• Temporary Protected Status (TPS)

• Claims under the Convention Against Torture

• Revocation of immigration status

• If an immigration judge revokes a previously approved immigration benefit (e.g., rescinding adjustment of status)

• Family-based petitions

• Denials or revocations by the Department of Homeland Security (DHS) of family-based immigration petitions, such as relative green card petitions (excluding orphan adoptions)

• Bond, detention, and fine-related issues

• Decisions concerning immigration detention, bond, or release

• Challenges to fines or penalties imposed by DHS

• Nonimmigrant waivers

• If DHS denies your application for certain waivers for nonimmigrant entry

3. When can you appeal to federal court?

Federal courts are part of the U.S. judiciary and are independent of USCIS and the immigration court system. Cases are heard by federal judges, not by immigration officials. If you believe a decision made by USCIS or an immigration court is unfair or unlawful, you may seek judicial review in federal court.

You may appeal to a U.S. District Court (federal trial court with jurisdiction) in the following situations:

• USCIS denies your petition, and the AAO upholds the denial—rejecting your appeal;

• USCIS unreasonably delays the processing of your petition beyond a reasonable timeframe—you may file a writ of mandamus in federal court to compel a decision;

• USCIS denies your Form N-400 naturalization application, and after your request for administrative review (Form N-336) is also denied, you may file a petition for a de novo hearing in federal court.

You may appeal to a U.S. Circuit Court of Appeals (federal appellate court with jurisdiction) in the following situations:

• Appeal of a final BIA decision, such as a removal order, especially when constitutional or legal issues are involved.

(Disclaimer: The information released is for information only and should not be construed as legal advice or a basis for decisions on any topic. All rights reserved. Reproduction requires permission from Allbelief Law Firm.)