You should get a receipt for the appeal and notification that it's been forwarded to the AAO.
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The way appeals are handled now is in the following manner. Your appeal will be treated as a motion to reopen/reconsider if the officer determines that your arguments warrant such consideration. If not, it will be treated as an appeal and will be forwarded to the AAO in Washington. The INS district office does not give notice of the transfer.
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I called the AAO office in Washington to check about Life Legalization appeal processing time, they told me there is an AAO local office process time then if they don't approve the case they send it to Washington and will be another process time there.
Any body went through Administrative Appeal Office please post your experience.
Thanks to all.
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Depika,
You should try to understand procedure. There are certain ways to acomplish what you want. First of all you should write what actually you are trying to do. Are you appealing the decision? or you are asking for reconsideration? or both. these are two different things. If You are asking reconsideration DHS decision means AAO local office will look for more evidence to approve the same petition and you will get answer from Local AAO who have capacity of overtrun DHS decision, yes they can approve the 485. If you are asking for appeal then AAO unit only look for mistakes done by DHS ( no more RFE)and if Local AAO concur the same decision then only your appeal will be send to DC. you will get decision from DC. Your application will not be approved from DC office but it will remanded back to Local office for further approval if DC finds any wrong doing.
Where ever my understanding regarding 245i cases DHS denied AOS because of less information of LULAC/CSS regstration and physical presence. DHS may have asked you for further evidence when they send intent to deny letter. Its along shot unless you can get some kind of evidence that you was out on filing date.
whats your email address?Its a discussion, not a legal advise..
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Thank you Mohan very much for your reply and explanations, my e-mail: Depika@myway.com I'm looking forward to hear from you. God bless you.
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A receipt on the appeal is sent out. The officer is empowered to look at the appeal and "convert" it to a Motion to Reconsider if he agrees with the arguments and is willing to grant the case. otherwise, it is forwarded for appeal which can take 6-14 months
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* AAO Proposes Fee Hike - A little Christmas present from the CIS's Administrative Appeals Office is on its merry way. Yesterday, the AAO, which has jurisdiction over appeals from denials of I-129s, I-140s, I-601s, etc. proposed to raise its filing fees for appeals and motions to reopen and reconsider from $110 to $385. If you wish to make any comments on this proposal, you can e-mail them to rfs.regs@dhs.gov Be sure to include "Docket
No. DHS-2004-0021" in the subject line of your message. Rumors are that your money will be used for a good cause - to finance a generous retirement package for outgoing DHS Secretary Tom Ridge ;-) We have posted the proposed
regulations online for your perusal at
http://shusteman.com/pdf/aao113004.pdf
Written comments must be received on or before December 30, 2004.
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