What does “Appeal Was Filed” mean?
Attention neededAn 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.
The reviewing body will follow its appeal procedure. AAO and BIA cases use different rules and timelines; follow the receipt, briefing instructions, and current published information.
Appeal timing varies by reviewing body, case type, briefing, and current workload. Do not apply a generic AAO or BIA duration to an individual case.
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.
- 1Use the denial notice to identify the correct appellate body, filing form, location, and deadline
- 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.
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.
Most applicants wait approximately 365 days before the next update after this status. Actual times vary by service center and case type.
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