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 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.
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.
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.
- 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.
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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