How to Appeal a Denial by the INS

When your petition for a permanent resident Green Card to the United States Citizenship and Immigration Services (formerly INS) has been denied or your previously approved petition has been revoked, you have a right to appeal the decision. This process is time sensitive, so if you want to file an appeal, do it as soon as possible.

Instructions

Difficulty: Challenging

Things You’ll Need:

• Denial Form I-292
• Notice of Appeal Form I-290-B
• Check or money order for the filing fee
• UCIS File Number (if your Green Card has been revoked)

1. Review the letter of denial. This form, "Denial Form I-292," will include the appellate jurisdiction where you must file the appeal and a list of deadlines before which the appeal must be filed.
2. Go to the appointed appellate jurisdiction office. You can file an appeal at the designated office only. This is generally the office that denied the petition and is listed on the denial letter.
3. Complete "Notice of Appeal Form I-290-B." This form must be completed when you officially request your case be reopened. You will be asked to explain your reasons for the appeal in Section Two of the form.
4. Pay the filing fee. Check with your local appellate jurisdiction office to get the exact cost of filing an appeal with the United States Citizenship and Immigration services.
5. Identify the deadline to file an appeal if your petition for a resident Green Card has been denied. You have 30 days, from the date you receive a letter of denial, to appeal the decision. If your letter was sent to you through the mail, you have 33 days to file a Notice of Appeal.
6. Know the deadline date to file an appeal if a previously approved petition for a resident Green Card has been revoked. You have 15 days, from the date you receive the letter stating that your Green Card has been revoked, to file a Notice of Appeal.

Tips & Warnings

• Prepare your explanations for appeal ahead of time.
• Be aware that the deadlines are not based on the number of business days, but calendar days.
• A Notice to Appeal filing after the deadline will be denied.