Can I submit new evidence on appeal?

The AAO generally reviews the record that was before the original office, so an appeal is primarily a legal argument that the decision was wrong. Some clarifying evidence may be accepted, but if substantial new evidence is needed, a motion to reopen may be the better vehicle. We advise on the right approach.

What is the difference between an appeal and a motion?

An appeal asks a higher body — the AAO — to review the decision for error. A motion to reopen asks the original office to look again based on new facts, and a motion to reconsider argues the decision was legally wrong. Form I-290B can be used for any of these, and we choose the strongest combination.

What happens if the AAO dismisses my appeal?

If the AAO dismisses the appeal, options may include a motion to reopen or reconsider, refiling the petition, or, in some cases, challenging the decision in federal court. We evaluate which remaining path gives you the best chance based on the reasons for the dismissal.

Can you appeal a case another attorney filed?

Yes. We regularly take over denied cases at the appeal stage. We review the original petition and the denial, identify the strongest grounds, and prepare the appeal and brief — even when we did not handle the underlying filing.

AAO Appeals — U.S. Immigration Lawyers

What Is an AAO Appeal?

The Administrative Appeals Office is the internal appellate body within USCIS. It reviews appeals from many types of denied petitions and applications — including a range of employment-based petitions such as I-140 and I-129 cases, and certain humanitarian and other filings. The AAO conducts a de novo review, meaning it looks at the legal and factual questions afresh.

An AAO appeal is generally filed on Form I-290B within 30 days of the denial (33 days if the decision was mailed). The same form can be used to request that the original office reopen or reconsider the case first. Because the AAO applies the law closely to the record, a focused legal brief is often decisive.

Why Appeal to the AAO

A fresh, de novo review of the legal and factual issues.
A chance to correct an officer's misapplication of the law.
An opportunity to strengthen the legal argument on the record.
Preservation of your original priority date in many cases.
A path that can avoid refiling an entire petition.
The option to request reopening or reconsideration in the alternative.

When an AAO Appeal Fits

An AAO appeal is the right tool in these circumstances.

An Appealable Decision
The denial is of a type for which the AAO — rather than the BIA or another forum — has appellate jurisdiction.
A Legal or Factual Error
There is a credible argument that USCIS applied the wrong standard, overlooked evidence, or reached an incorrect conclusion.
A Timely Filing
Form I-290B is filed within 30 days of the decision (33 if mailed), with the required fee.
A Reviewable Record
The existing record, plus a strong brief, supports the argument — appeals are generally decided on the record rather than new evidence.
Strategic Fit
An appeal is a better path than reopening, reconsideration, refiling, or litigation given your timeline and goals.

The AAO Appeal Process

AAO appeals are document-driven and turn on the strength of the brief.

Step 01

Denial Analysis

We dissect the denial to find the legal or factual errors and confirm the AAO has jurisdiction and the deadline.

Step 02

File Form I-290B

We file the notice of appeal on time, preserving your rights, and indicate whether we also seek reopening or reconsideration.

Step 03

Appeal Brief

We prepare a focused legal brief — typically within the briefing period — explaining why the decision was wrong under the governing law.

Step 04

AAO Decision

The AAO may sustain the appeal, remand the case, or dismiss it. If unsuccessful, we advise on further options, including federal court.

What an AAO Appeal Draws On

Appeals are generally decided on the existing record plus legal argument.

Core Documents

The denial notice
Form I-290B with the required fee
The complete original petition and record

The Argument

A legal brief identifying the errors
Citations to statute, regulation, and precedent
Clarifying evidence where permitted

Frequently Asked Questions

Generally 30 days from the date of the denial, or 33 days if the decision was mailed to you. The appeal is filed on Form I-290B with the required fee. Missing the deadline usually forecloses the appeal, so it is important to act immediately after a denial.