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title: How Do I Appeal To USCIS or the US Embassy? | My Visa Source
description: If the USCIS has denied your application for some immigration status change, you may be able to appeal this decision. Find out how you can make an appeal.
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- How Do I Appeal To USCIS or the US Embassy
# How Do I Appeal To USCIS or the US Embassy?
In most cases, an appeal must be filed on Form I-290B within 30 days after personal service of the decision, or 33 days after the decision was mailed. An appellant must file an appeal of a USCIS decision to revoke the approval of an immigrant petition upon notice under 8 C.F.R.
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- How Do I Appeal To USCIS or the US Embassy
How Do I Appeal To USCIS or the US Embassy?
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In most cases, an appeal must be filed on Form I-290B within 30 days after personal service of the decision, or 33 days after the decision was mailed. An appellant must file an appeal of a USCIS decision to revoke the approval of an immigrant petition upon notice under 8 C.F.R.
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## **Visa Denials**
U.S. law generally requires visa applicants to be interviewed by a consular officer at a U.S. Embassy or Consulate. After relevant information is reviewed, the application is approved or denied, based on standards established in U.S. law.
While the vast majority of visa applications are approved, U.S. law sets out many standards under which a visa application may be denied.
An application may be denied because the consular officer does not have all of the information required to determine if the applicant is eligible to receive a visa, because the applicant does not qualify for the visa category for which he or she applied, or because the information reviewed indicates the applicant falls within the scope of one of the inadmissibility or ineligibility grounds of the law. An applicant’s current and/or past actions, such as drug or criminal activities, as examples, may make the applicant ineligible for a visa.
If denied a visa, in most cases the applicant is notified of the section of law which applies. Visa applicants are also advised by the consular officer if they may apply for a waiver of their ineligibility.
## **I Have Just Been Denied an Immigrant/Non-Immigrant Visa. What Should I Do?**
After being found ineligible for a visa, you may reapply in the future. If you reapply for a visa after being found ineligible, with the exception of 221(g) refusals, you must submit a new visa application and pay the visa application fee again. If you were found ineligible under section 214(b) of the INA, you should be able to present evidence of significant changes in circumstances since your last application.
## **Can I Appeal Against the US Embassy’s Decision Not to Grant Me a Visa?**
Yes, a US Federal Court may review a decision of a US Embassy or Consulate in a very narrow set of circumstances.
## **What Is the Appeal Process?**
In order to be able to appeal a visa denial, you must firstly make sure that the country you wish to visit offers such an opportunity to those rejected. Usually, when you get the response on your visa application decision, in case you are rejected you will get the reason why and whether you can appeal this decision or not.
If you do not obtain any information of this kind upon receiving a negative response on your application, contact the embassy and ask if you can appeal their decision. In case they say no, you will have to reapply for a visa. This time, try to avoid the *‘mistakes’* you did in the first application, and improve your situation, in order to make sure you will not get rejected again.
If you would like to begin an appeal process for visa refusal, then you will need to begin by writing an appeal letter. An appeal process is a legal proceeding that assesses why you were denied a visa and what your options are.
Ordinarily, there is no appeal process for visa refusals at the Embassy. Under the doctrine of “consular non- reviewability”, a person cannot even sue the embassy or appeal their visa refusals in US federal courts. The US Supreme Court ruled the Embassy is not even required to provide a “detailed explanation” of the reasons for the visa refusal.
So what can a person do if their visa was refused, and they believe the consul’s decision was wrong? There could still be hope. It is possible, in some limited situations, to seek reconsideration from the Embassy or to “appeal” a visa refusal to the US State Department in Washington DC. The limited situations deal with whether the consul’s “interpretation or application of immigration law” was correct. The State Department will only entertain requests for reconsideration involving legal issues, not factual determinations.
## **Where Do I File an Appeal?**
If you are convinced that the decision on your case was unjust, and you really need to get that visa, then you are highly recommended to appeal. How you write the appeal letter is very important. Your letter should be argumentative and convincing. Do not rather write an emotional one, in hope that you will touch the heart of the official that will deal with your file. It will not work!
There is not a fixed way on how you should write your appeal letter.
Firstly, you should include information about you in the letter, including your:
- Name & Surname
- Passport Number
- Full address
- Date of Birth
- Place of Birth
- Email
- Phone Number
Aside of this information, further in the text you should:
- State when you filed your application as well as the purpose of your trip
- State the date when received the visa denial decision.
- Explain the reasons why your visa was refused, as given in the rejection letter you got from the embassy (if you did)
- List and explain the reasons why you believe the rejection was incorrect, showing arguments
- Do not forget to put your signature at the end of the letter, after you print it
In case you do not know where to submit your appeal letter, you should contact the embassy of the country you wish to visit for explanation in this regard. In general, the embassy itself receives the appeals.
## **How Do I Appeal To USCIS or the US Embassy?**
Upon the submission of your visa refusal appeal letter, the embassy will pass it on to the right appeal processing body of that country. A higher-ranked officer responsible for dealing with visa appeals will look at your letter and take a decision on whether your visa application refusal shall be reversed or not.
The time that the responsible body needs to take a decision on your appeal varies. It is in their responsibility to inform you on this decision, as well as the steps you may need to take further.
Most appeals are filed using Form I-290, Notice of Appeal or Motion but there are some exceptions:
- Appeals of decisions on an N-400, Application for Naturalization, are made on Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings Under Section 336.
- Appeals of decisions of special immigrant worker and legalization applications and termination of lawful temporary resident status under sections 210 and 245A of the Immigration and Nationality Act are made on Form I-694, Notice of Appeal of Decision Under Sections 245A or 210 of the Immigration and Nationality Act.
- Appeals of decisions on an I-130, Petition for Alien Relative, or other decisions that are appealed to the BIA, are filed on Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer with the office that made the decision on the petition.
## **How Much Time Do I Have to File an Appeal?**
Generally, you must file an appeal within 30 days from the date of the decision (not the date you received the decision). A shorter appeal period may apply to some cases such as the revocation of the approval of a petition, which has a 15-day deadline. Your decision will tell you how long you have to file the appeal.
There is no extension to this deadline. However, an extra 3 days is provided when your decision is mailed to you (33 days in the case of denial and 18 days in the case of revocation).
## **What Happens When I File an Appeal to USCIS or the US Embassy?**
If the court finds that the decision was made incorrectly, the application will be returned to the visa office and will go back into processing for a different officer to make a decision. Even if the applicant won at the Federal Court, the application could still be refused for a different reason.
## **When Should I Expect to Receive a Decision on an Appeal to USCIS or the US Embassy?**
The AAO (Administrative Appeals Office) strives to complete its appellate review within 180 days from the time it receives a complete case file after the initial field review. Some cases may take longer than 180 days due to factors beyond the AAO's control.
## **May I Request a Waiver of the Filing Fee for My Appeal?**
Yes, you may request a waiver of the filing fee for your appeal. DHS regulations, at 8 CFR 103.7(c), specify some cases in which USCIS can waive a filing fee based on inability to pay. If USCIS can waive the filing fee for the underlying petition or application itself, or if it had no fee, USCIS can also waive the filing fee for the motion.
## **What is the Doctrine of “Consular Non-Reviewability”?**
Consular non-reviewability refers to the doctrine in immigration law in the United States where the visa decisions made by United States consular officers (Foreign Service Officers working for the United States Department of State) cannot be appealed in the United States judicial system.
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## Appealing To USCIS or the US Embassy FAQs
### **How Do I Appeal a USCIS Case?**
If the USCIS has denied your application for some immigration status change, you may be able to appeal this decision. In fact, the notice of denial you received should detail whether or not you can appeal the USCIS decision and, if so, where you should file this appeal. Typically, appealing USCIS decisions will involve filing specific, detailed paperwork with either the:
- USCIS Administrative Appeals Office; or
- Board of Immigration Appeals (a division of the U.S. Department of Justice).
---
### **What Are the Chances of Winning Immigration Appeal?**
The chances of winning an immigration appeal are very low, as visas are often denied for very sound reasons. Always make sure you have all required documentation and meet all deadlines when applying so you don't have to go through the appeal process.
---
### **Can You Appeal a USCIS Decision?**
Yes, you can appeal a USCIS decision.
---
### **How Do I Appeal a Denied US Visa?**
Most appeals are filed using Form I-290, Notice of Appeal or Motion but there are some exceptions:
- Appeals of decisions on an N-400, Application for Naturalization, are made on Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings Under Section 336.
- Appeals of decisions of special immigrant worker and legalization applications and termination of lawful temporary resident status under sections 210 and 245A of the Immigration and Nationality Act are made on Form I-694, Notice of Appeal of Decision Under Sections 245A or 210 of the Immigration and Nationality Act.
- Appeals of decisions on an I-130, Petition for Alien Relative, or other decisions that are appealed to the BIA, are filed on Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer with the office that made the decision on the petition.
---
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**My Visa Source** made the process of my partner’s PR a breeze. We did run into an issue in the beginning as my partner initially started his PR progress with the intent of going through his work to get his PR. There were some difficulties that ended up leading us into doing his **PR through common-law sponsorship**, which ended up being a blessing in disguise as we were appointed a new Lawyer & team.
Harley Jensen was very much on top of everything from quick replies to our emails and if we ran into any difficulties she would always set up a phone call to ease us through the process. There was another lovely lawyer by the name Natasha who was also helping us through some difficulties.
Overall My Visa Source made us feel confident and at ease during this very stressful process. We would like to thank the team for all their hard work. I would definitely recommend them.
5 out of 5 » Rating by: Emily N.
Sharing my experience with **MVS**. This firm has truly reliable and dependable professionals, no wonder it has won so many awards and accolades. After my initial spouse work permit rejection, I approached MVS and I was assured they’d handle my case sensitively. Bara was very calm and informative, he initiated my process. My wife’s permit case was assigned to Sharon and Marc. ‘Sharon’ is very knowledgeable and precise, she was always reachable and was prompt on her responses during the process. Her follow ups on every step was phenomenal. Such a gem! I blindly recommend her.
Marc on the other hand was the heart of the process, shout out to him as well..
All my stress was washed out as every actions performed by them was promising. I was optimistic and finally **received the permits, now I can reunite with my family in coming days.**
Couldn’t praise enough. Wish you best to unite and bring happiness to more families like ours.
I wish to personally meet you all one day to thank for what you’ve done. You’ve changed my life.
5 out of 5 » Rating by: Vinayak B.
I've had a very bad experience with an immigration lawyer at another firm in the past, and I was very scare to experience that again. I found **My Visa Source** online and decided to give them a try because of their great reviews, and I don't regret it for a second!. Amazing experience, they really treated me like a human being and were very upfront and organized with all information.
Angel Pavlou is really an angel, very sweet and helpful, she help us a lot on our first stage of the process with the firm. She is an amazing human being!
Because we were **applying through common-in-law sponsorship**, my team was Harley and Natasha, an amazing team! We worked for about 4-5 month on the file to make sure everything needed was there. And even though they usually respond within 2-3 business days, by the last portion before submission, our emails were responded by the minute, which we really appreciate as it helped to speed up the process significantly.
Even though our contract with the firm ended with the submission of our application, they left the door open for further questions we may have about what's coming next with our application, which is a big support for us, and we really appreciate (as now we have a long road ahead before a final answer from IRCC comes).
Thanks Team! :)
5 out of 5 » Rating by: Kate T.
At first I was a bit wary because we had some challenges with **our spousal sponsorship case** and all correspondence was done over the phone or email, but now that my husband has been approved, I can say with confidence I would hire **My Visa ****Source** again for any immigration needs. My husband was not even asked for an interview in the end. This firm works many different nationalities and passport holders and there experience is vast.
5 out of 5 » Rating by: Julia C.
After previously going to another immigration service it became glaringly obvious how great this service was. Angel was able to answer all my questions and share with me some options that I had not been told of by the other lawyer. I highly recommend this service.
5 out of 5 » Rating by: David Andrews B.
I absolutely love this firm. Very detailed and best help you can get. They do free consultation too which is great. Angel is amazing. Trevor is great.
Best team at **My Visa Source**. I was happy with how my application was handled.
5 out of 5 » Rating by: Josh A.
This was a free consult call. I received the call exactly at the time arranged. Irfhan was very helpful, honest and informative. Unfortunately there weren’t many options for my case and he made no false promises. His integrity was impeccable and even though there wasn’t much that could be done he did offer some great suggestions and advice.
5 out of 5 » Rating by: Robin S.
**My Visa Source Law MDP** is an excellent immigration law firm. They were very supportive and
professional. They answered our many questions with timely and useful feedback.
5 out of 5 » Rating by: W M.
Mr. Shubhrash has been consultant for my immigration procedure and he has been outstanding. made us feel welcome and answered all our questions. He is very knowledgeable and friendly.
5 out of 5 » Rating by: Dishani G.
I am pleased with the service provided by **My Visa Source**, and recommend My Visa Source for people who are confused about their immigration process and are looking for a helping hand.
5 out of 5 » Rating by: Zina B.
...
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### Overall Planned Canadian Permanent Resident Admissions
2024 Target Admissions:
485,000
2025 Target Admissions:
500,000
2026 Target Admissions:
500,000
### Your Source For Everything Immigration
Trusted by thousands, we offer personalized legal services tailored to meet the unique requirements of your immigration goals.
Experience
15+ years
With over 15 years of experience, My Visa Source is dedicated to delivering customized solutions that cater to the diverse needs of our immigration clientele.
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We have serviced clients from over 120 countries, both in person and virtually from our offices in North America.
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50,000+
We have helped over 50k businesses and individuals navigate immigration law and policy.
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Disclaimer: MyVisaSource was developed to provide visitors from all over the world with information about Canadian and US immigration topics. Your access to this website is subject to our Terms of Use. Communications between you and MyVisaSource are protected by our Privacy Policy but not by the attorney-client privilege or as work product. MyVisaSource is affiliated with MVS Law Professional Corporation (Ontario), My Visa Source Law MDP (British Columbia) and My Visa Source Legal (Arizona, United States). The legal entity providing legal services is identified in the client's written retainer agreement. Unless otherwise specified in the retainer, legal services are provided through MVS Law Professional Corporation (Ontario) or My Visa Source Legal (Arizona, United States). Only licensed immigration professionals can provide advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, selection of forms or strategies.
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