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How Do I Appeal the Denial of My Petition or Application?

When an immigration petition or application is denied or revoked by the Immigration and Naturalization Service (INS), that decision may, in most cases, be appealed to a higher authority for review. In immigration proceedings, the appellate review authority is divided between two separate organizations within the Department of Justice: the Administrative Appeals Unit (AAU), under the jurisdiction of the INS, and the Board of Immigration Appeals (BIA), under the jurisdiction of the Executive Office of Immigration Review.

If a petition or application is denied or revoked, you should carefully review the written decision that is issued by the INS. The notice will inform you of the reasons for the decision, notify you of the proper appellate jurisdiction and the applicable deadlines, and provide you with the correct INS form to file an appeal.

How Do I Appeal?
For more information on the procedures for the two appellate authorities, please see one of the following:

Last Modified 11/13/2001