An appeal of a USCIS decision has been filed with the Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA). The appeal is now under review.
What comes next
The AAO or BIA will review the case record and the appeal brief. Processing times vary widely — AAO appeals typically take 24-48 months (the AAO's own published average is approximately 33 months); BIA appeals average 2-5+ years. No action is typically required unless the appellate body requests additional information.
Typical timeline
AAO appeals typically take 24-48 months to decide — the AAO's published average is approximately 33 months. BIA appeals average 2-5+ years due to severe backlogs. These timelines have lengthened significantly in recent years.
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If you're stuck on this status
AAO and BIA appeals have no mandated processing deadlines. If your appeal has been pending more than 3 years, consult an immigration attorney about options, including whether a federal court petition for review might be appropriate.
What to do now
1File Form I-290B (Notice of Appeal) within 33 days of denial for most AAO appeals, or 30 days for BIA — these are jurisdictional deadlines, missing them forfeits the right to appeal
2A separate brief supporting your appeal may be filed within 30 days of the I-290B — consult an attorney, as the brief and the notice of appeal are two distinct filings
3Consult an immigration attorney if you do not have one — appeals are legally complex
4Keep your address current so all notices reach you
5Generally, do not refile the underlying application while an appeal is pending unless your attorney advises otherwise. For time-sensitive benefits (EAD, advance parole), concurrent refiling may be appropriate.
When to contact an attorney
You usually do not need an attorney for this status by itself. Consider legal help if your case is outside published processing times, you receive a confusing notice, or your facts are complicated.
Community average
Applicants typically wait 365 days before the next update after this status.
Frequently asked questions
What is the difference between an AAO appeal and a BIA appeal?+
The Administrative Appeals Office (AAO) reviews appeals of many USCIS benefit denials, but not all — I-485 and some I-130 decisions may go to the BIA depending on how the denial occurred and whether removal proceedings were initiated. The BIA reviews appeals of decisions made by immigration judges. Your denial notice will specify the correct appellate body and the filing deadline. Do not assume AAO vs. BIA — check the notice.
How long do USCIS appeals take?+
AAO appeals typically take 24-48 months — the AAO's own published average is approximately 33 months. BIA appeals average 2-5+ years due to severe case backlogs. These are not guaranteed timelines — many cases take significantly longer.
Can I continue living and working in the US while my appeal is pending?+
It depends on your current immigration status, not the appeal itself. An appeal does not automatically grant work authorization or status. If your status has expired, consult an immigration attorney immediately about your options.
What are the chances my appeal will succeed?+
AAO and BIA approval rates vary widely by case type and the specific grounds of appeal. Having an attorney who specializes in immigration appeals significantly improves outcomes. Many successful appeals are won on procedural grounds (USCIS did not properly apply the law) rather than factual disputes.
Can I withdraw an appeal?+
Yes — you can withdraw an appeal at any time before a decision. This may be appropriate if you decide to pursue a different immigration strategy, such as refiling with stronger evidence. Consult an attorney before withdrawing.
GreenLight is an independent tool and is NOT affiliated with USCIS, DHS, or any U.S. government agency. Nothing on this page constitutes legal advice. Always verify at my.uscis.gov.