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Immigration Court

Immigration Court Lawyers

Immigration Court

  • Admission and Removal
  • Relief from Removal
  • Administrative Review

The Administrative Appeals Office (AAO) adjudicates appeals under authority delegated to the USCIS by the Secretary of the Department of Homeland Security. The AAO reviews the decisions made by USCIS adjudications officers on petitions and applications for immigration benefits to ensure consistency and accuracy in the interpretation of immigration laws, regulations and policies.

Appeals by Subject Matter

Subject Matter Form Number Law or Regulation
Adjustment of A, E, or G to Nonimmigrant 1-508 8 CFR 247.12(b)
Adjustment of Status of Diplomats under Sec. 13 of Act of 1957 1-485 8 CFR 245.3
Administrative Cancellation of Certificates, Documents, and Records None 8 CFR 342.8
Application for Adjustment of Status-Indochinese Refugees 1-485 Sec. 103 of the Act of ’77
Application for Advance Processing of Orphan Petition I-600A 8 CFR 204.3
Application for Certificate of Naturalization or Repatriation N-580 8 CFR 343.1
Application for Certification of Citizenship N-600 8 CFR 341.6
Application for Issuance of Reentry Permits 1-131 8 CFR 223
Application for New Naturalization or Citizenship Papers N-565 8 CFR 343a.1(c)
Application for Reentry after Removal or Aggravated Felony Conviction 1-212 8 CFR 212.2
Application for Refugee Travel Documents 1-131 8 CFR 223
Application for Special Certificates of Naturalization N-565 8 CFR 343b. 11(b)
Application for Status of Certain Cuban and Haitian Nationals 1-485 Sec. 202 of IRCA, 1986
Application for T Nonimmigrant Status as Alien Victim of Trafficking 1-914 8 CFR 214.11
Application for Temporary Protected Status 1-821 8 CFR 244
Application to Preserve Residence for Naturalization Purposes N-470 8 CFR 316.5(d)(3)
Breach of Surety Bond 1-352 8 CFR 103.6
Certification of the Denial of Any Petition by a USCIS Office None 8 CFR 103.4
Denial of Adjustment for Not Establishing Bona Fide Marriage Exemption None Sec. 245(e) of the Act
Denial of Adjustment of Status for Certain Cuban Nationals 1-485 Sec. 1 of Act of 1966
Employment-Based Immigrant Visa, Special Immigrant, and Entrepreneur 1-140; 360; 526 8 CFR 204.5, 204.6
Invalidation of Temporary Labor Certificates Issued by Governor of Guam None 8 CFR 214.2(h)(6)(v)(H)(3)
Legalization and SAW: Application for Waiver of Grounds of Excludability 1-690 8 CFR 210, 210a, 245a
Legalization: Application for Temporary or Permanent Residence 1-687, 1-698 8 CFR 245a.2, 245a.3
Legalization: Termination of Temporary Resident Status None 8 CFR 245a.2(u)
Petition for Armed Forces Special Immigrant 1-360 8 CFR 204.9
Petition for Certain Scientists of the CIS or the Baltic States 1-140 8 CFR 204.10
Petition for Employee of U.S. Business Operating in Hong Kong 1-140 8 CFR 204.8
Petition for Nonimmigrant Temporary Workers, Trainees, Fiancees 1-129 8 CFR 214.2, 214.6
Petition for Orphans 1-600 8 CFR 204.3
Petition for R-1 Nonimmigrant Religious Workers 1-129 8 CFR 214.2(r)
Petition for Special Immigrant Employee of an International Organization 1-360 101(a)(27)(I)of the Act
Petition for Special Immigrant Juvenile 1-360 8 CFR 204.11
Petition for Special Immigrant Panama Canal 1-360 101(a)(27)(E),(F), & (G)
Petition for Special Immigrant Physician 1-360 101(a)(27)(H) of the Act
Petition for Spouse or Child under VAWA 1-360 8 CFR 204.2(c)
Petition for U Nonimmigrant Status as Alien Victim of Certain Crimes 1-918 8 CFR 214.14
Petition to Classify Amerasians as Children of U.S. Citizens 1-360 Public Law 97-359
Request for Participation as Regional Center None 8 CFR 204.6(m)
Revocation of Immigrant Visa Petition None 8 CFR 205.2
Revocation of Nonimmigrant Petition 1-129 8 CFR 214.2, 214.6(d)(6)
Special Agricultural Worker: Application for Temporary Residence 1-700 8 CFR 210.2
Special Agricultural Worker: Termination of Temporary Resident Status None 8 CFR 210.4(d)
Termination of Participation as Regional Center None 8 CFR 204.6(m)
Waivers of lnadmissability under 212(g),(h) or (i) of the Act 1-601 8 CFR 212.7(a)
Waivers of Two-Year Foreign Residence Requirement under 212(e) 1-612 8 CFR 212.7(c)

 

Motions to the AAO are submitted using Form I-290B, Notice of Appeal or Motion.

  1. Federal Judicial Review

The Administrative Appeals Office (AAO), and the Board of Immigration Appeals (BIA) are not Federal courts, but their decision are subject to judicial review in the Federal courts. Federal courts give a greater deference to precedent decisions as well as to unpublished decisions in which the same legal reasoning of a precedent decision was followed. “Precedent Decisions” are administrative decision of the AAO, the BIA, and the Attorney General, which are selected and designated as precedent by the Secretary of the Department of Homeland Security (DHS), the BIA, and the Attorney General, respectively. These decisions are bound into volumes entitled “Administrative Decisions Under Immigration and Nationality Laws of the United States.”

  • Actions against government officials