ความคิดเห็นที่ 9
FYI Administrative Appeals Office: How Do I Appeal the Denial of My Petition or Application?
:::> http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=58e2b9e54cf0e010VgnVCM1000000ecd190aRCRD&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1RCRD
*There are strict deadlines that must be met to properly file an appeal. The appeal must be filed with the correct fee at the office that made the original decision. You may file a brief (explanation) in support of the appeal.
After review, the appellate authority may agree with you and change the original decision, disagree with you and affirm the original decision, or send the matter back to the original office for further action.
Who May Appeal?
Only the person that submitted the original application or petition may file the appeal.
The petitioner alone has standing to appeal the denial of a visa petition. The beneficiary of a visa petition may not appeal the decision.
*The person appealing the decision may be represented by an attorney or representative. If the petitioner is represented, the appeal must be accompanied by a properly executed USCIS Form G-28 (Notice of Entry or Appearance as Attorney or Representative). The Form G-28 must be signed by both the attorney or representative and the person who filed the original petition or application.
How Do I Appeal?
*You should review the Form I-292 or notice of denial that accompanied the adverse decision to determine whether you may appeal the denial of your petition or application. The decision will inform you of the proper appellate jurisdiction and provide you with the correct form.
If you desire to appeal the denial of a petition or application, the notice of appeal must be filed within 30 days of the date of the decision.
If you receive the decision by mail, you must file the appeal within 33 days of the date of the decision.
If the Administrative Appeals Office has jurisdiction over the decision, the notice of appeal must be filed on Form I-290B (Notice of Appeal to the Administrative Appeal Office).
The appeal must be filed with the office that made the original decision. A brief (explanation) may be filed in support of your appeal. The fee must be included.
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