VIII. Motions to Reopen or Reconsider

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April 28, 2009
receive their immigrant visas on the day of filing the Form I-601. However, applications that are
not clearly approvable on the same day of adjudication, because the adjudicator believes they
should be denied, or they require greater scrutiny or additional supporting documentation, are
“referred” to another adjudicator either in CDJ or another Mexico City District sub-office, for
further consideration and adjudication. In such cases, the officer who first reviews the
application to make this determination, starts the Adjudication Worksheet and completes as
much of it as appropriate with the evidence before the officer. The officer also completes Part
VIII, identifying any apparent issues for the officer to whom the case will be referred, for further
resolution. The referring officer places his or her initials at the top of the Worksheet in the
section, “Referral Officer Initials” and also notes the referral date. The officer who adjudicates
the decision places his her initials in the section, “Decision Officer’s Initials.”
VIII. Motions to Reopen or Reconsider
See AFM Chapter 10.17
IX. Appeals

A. Filing

Requirements for Appeals to the Administrative Appeals Office

1. General

Denials of applications for waivers may be appealed to the Administrative Appeals Office
(AAO). Appeals must be timely filed on Form I-290B, Notice of Appeal or Motion. When the
appeal is received, it should be reviewed to determine if it was properly filed. This includes
confirming that the appeal was filed timely, the form was properly signed by the applicant, and
the fee was paid. Please note that the applicant must sign his or her appeal. However, a parent
or legal guardian may sign for a person who is less than 14 years old and a legal guardian may
sign for a mentally incompetent person. See 8 CFR 103.2(a)(2). If the application is not
properly filed, it should be rejected. There is no refund of the fee in any case. See 8 CFR
103.3(a)(2)(v). The receipt of each appeal must be noted in the local database, as well as action
taken (e.g., forwarded to the AAO, treated as a MTR, or rejected).

The most recently updated Form I-292 for denials sent to the AAO may be found at page 21 in
Appendix 5, 601 Adjudication Templates, of the I-601 SOP or can be downloaded from:

This Form includes the latest zip-code addressing information for USCIS HQ Offices in
Washington DC. Form I-292 may be modified to accommodate local variations in fee payment
requirements imposed by the Department of State cashiers in each location.

2. Determining timeliness

The appeal must be filed within 30 days of the date of service of the decision. See 8 CFR
103.3(a)(2)(i). If the notice is sent by mail, three days are added for a total period of 33 days.
See 8 CFR 103.5a(b). FODs must make every effort to ensure that the dates on the denial letters
accurately reflect the date of service. However, if the date on the denial letter does not properly
reflect the date of service and is prior to the date of actual service, and the applicant filed within