AAO Procedure Frequently Asked Questions

Our firm handles a fair amount of appeals with the Administrative Appeals Office (AAO) and we often receive inquiries about the procedural aspects of an AAO appeal.

About the AAO

As a short preliminary background matter, the AAO is an appeals office which handles appeals of certain decisions made by USCIS field offices and regional procssing centers.  The Freedom of Information Act (FOIA) requires that all AAO decisions be made available to the public.  As a result, AAO decisions are accessible in reading rooms at USCIS headquarters here in Washington, DC and at field offices.  Also, some (but not all) AAO decisions are available online.

What Happens to USCIS Case When An AAO Appeal is Filed?

When USCIS denies a case, the petitioner or applicant has 30 days within which to appeal the denial decision.  The appeal is filed on Form I-290B with the USCIS service center which initially denied the case.  The filed I-290B appeal form goes initially to the same officer who initially denied the case.  Such officer first reviews his or her decision to determine whether the appeal includes new evidence or other legal basis to overcome the denial.  If the denial is overcome, the USCIS service center will make a motion to reopen the case and approve it.  Alternatively, if the denial is not overcome, the case is forwarded to the AAO.  These procedures are more fully described in the federal regulations.  8 C.F.R. 103(a)(2).

What is The Timing of an AAO Appeal?

Under the regulations, an AAO appeal is timely filed (at the USCIS office which issued the denial decision) if it is received within 30 days of the date of the denial, or 33 days if by mail.

What Happens if AAO Denies the Appeal?

An AAO denial of an I-290B appeal can be challenged in federal district court.  An AAO denial decision is considered to have exhausted all administrative remedies, which is a requirement for a federal district court challenge.  Challenge in a federal court of an AAO denial is significantly more costly than an AAO appeal, but for some cases it may be the most suitable strategic move.

What are Current AAO Processing Times?

Current AAO processing timelines are released every three to four months.  Please follow this link for the latest AAO processing times.

Can I File a Second Petition While My Initial Petition is Pending at AAO?

Many of our clients have inquired as to whether they can refile another USCIS petition while the I-290B appeal of the first petition is pending with AAO.  The answer is that a second petition can be filed, but it is USCIS’S policy to hold the second petition in abeyance pending the outcome of the appeal of the first petition.  In many cases, to speed up the processing of the second petition, it is best to withdraw the AAO appeal.