The Administrative Appeals Office adjudicates immigration cases that have been appealed from a denial by USCIS. If an immigration filing is denied, the applicant or petitioner may sometimes have the option of appealing the decision, or of re-filing a new case. The decision of whether to appeal or re-file a petition or application is certainly case-specific. There are times when an appeal will be beneficial, such as to preserve a priority date. Other times, re-filing the case may cost less and take less time for adjudication. One key piece of information in the decision can be how long it takes for the AAO to process denials. For many cases, the processing time is “current,” which according to AAO, means that it takes six months or less. However, for certain case types, the wait time can be years. For example, the AAO reports that H-1B appeals can take 21 months, L-1 appeals can take 22 months, an EB-2 I-140 appeal can take 24 months, and an EB-3 I-140 appeal can take up to 35 months. This is just an example of the appeals processing time for various types of cases. Each type of case is different, and you must consult with an experienced immigration attorney before deciding to appeal or re-file a case. If you need assistance with such case, please contact Sumner Immigration Law at firstname.lastname@example.org.
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