What Is the AAO?
The Administrative Appeals Office (AAO) reviews decisions made by USCIS on certain types of immigration petitions and applications — not all cases go here, but many important ones do.
The AAO handles appeals involving:
- Employment-based visa petitions (like I-140)
- Nonimmigrant worker visas (like L, O, or H-1B)
- I-601 waivers
- I-212 permission to reapply
- I-129F (fiancé visa) in some cases
- Certain Special Immigrant and Humanitarian petitions
When Can You Appeal to the AAO?
You may be able to file an appeal if USCIS denied your petition or application, and the denial notice specifically says you have the right to appeal to the AAO.
⚠️ You usually have only 30 days (sometimes 15 if you were served by mail) to submit the appeal.
What Happens in an AAO Appeal?
The AAO doesn’t hold in-person hearings. Instead, it conducts a paper review of your case, including:
- The original application and decision
- Any new legal arguments or evidence you submit
- A legal analysis of whether USCIS made a mistake
Sometimes, the AAO will send the case back to USCIS for reconsideration or request more evidence (RFE) before deciding.
How We Can Help
AAO appeals require strong legal writing and persuasive arguments. We’ll help you:
- Review and analyze your denial in detail
- Draft a compelling legal brief citing laws and policy
- Organize and present new or overlooked evidence
- File your appeal on time and with precision
Ballout Law has handled complex AAO cases across employment, family, and waiver categories.
Why Experience Matters
AAO appeals are technical and often decided based on how well the legal arguments are framed. Having a seasoned immigration attorney can make the difference between an affirmation or a reversal of the denial.
FAQs
How long does the AAO appeal process take?
Anywhere from 6 months to over a year. Some cases are resolved faster if USCIS reopens it on its own.
Can I stay in the U.S. while my AAO appeal is pending?
Not automatically. An appeal does not pause removal or grant immigration status. If you’re out of status, speak to a lawyer right away.
Can the AAO overturn my denial?
Yes. The AAO can either:
✅ Affirm the denial
✅ Reverse it and approve the petition
✅ Send it back to USCIS for further action
Act Quickly — You May Only Have 30 Days
USCIS doesn’t wait. If you’ve received a denial and are eligible for an AAO appeal, let’s take action now.
At Ballout Law APC, we bring over 30 years of experience in immigration law and a long history of success with complex motions and appeals.
Attorney Haitham Ballout is known for developing strong, strategic legal plans — giving families the chance to remain together and thrive in the U.S.
We know this process can feel overwhelming or even frightening. But you don’t have to go through it alone.
Our team is here to use every available legal avenue to protect your rights and help you stay on the path toward the American dream.
We regularly receive inquiries from people in situations just like yours — and we’re ready to help. Let’s discuss your options in a confidential consultation.
📞 Call us today at (650) 373-1122
📍 Based in San Mateo, CA — proudly serving clients across the U.S.