There are many types of immigration appeals. The best way to categorize them is to divide them into USCIS Appeals and Court Appeals.
USCIS appeals are sometimes called I-290B Appeals. these appeals are based on an USCIS denial of an application. I will go over each type of appeal that we do the most in the office to give everyone a general idea of what can be appealed and there the appeal is decided.
I-130 Appeal- This type of appeal is used when there is a denial of an I-130 alien relative petition. In our experience, this appeal is used when USCIS believed that a marriage was entered into for fraudulent purposes as to obtain an immigration benefit. This appeal is submitted to the Board of Immigration Appeals. Also, when someone is unable to prove a qualifying relationship such as child or sybling, an appeal can be taken to challenge an USCIS decision.
N-400 Appeal- This type of appeal is used when there is a denial of a naturalization application. This appeal is also known as an N-336 Appeal. The local USCIS office reviews this type of appeal. If USCIS denies this appeal, then you can appeal the Federal District Court in the jurisdiction where you live.
I-601 Appeal- If your I-601 Waiver of Inadmissibility is denied, you can file an appeal to the Administrative Appeals Office in Washington, D.C. No matter the specific type of I-601 Waiver, you can appeal for criminal, fraud, unlawful presence, and any other ground authorized by law where a waiver is possible.
I-129 Appeal- This appeal is for denials on I-129 cases. These appeals can include L-1, TN, H-1B, H-2 Visas. In some cases refiling may be more advantageous than filing an appeal. An initial consultation would be recommended with Las Vegas Immigration Attorney Robert West on any of these types of cases.
I-129f Appeal- This is an appeal of a denial of a fiance visa.
Our office handles all types of immigration appeals. If the appeal you need is not listed, please call our office to see if we can assist you. The first step to assisting with your appeal is to set up an initial consultation with Las Vegas Immigration Attorney Robert West. Let Robert’s many years of immigration experience help you.
Immigration Court Appeals
Board of Immigration Appeals
Ninth Circuit Court of Appeals