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(BIA) vs. (AAU or AAO)

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  • (BIA) vs. (AAU or AAO)

    Does anybody knows what is the difference between:-
    Board of Immigration Appeals (BIA)
    Administrative Appeals Unit (AAU) or its now called Administrative Appeals Office (AAO) ???

  • #2
    Does anybody knows what is the difference between:-
    Board of Immigration Appeals (BIA)
    Administrative Appeals Unit (AAU) or its now called Administrative Appeals Office (AAO) ???


    • #3
      BIA = when you file an appeal based on Immigration Judge's decision.

      AAU/AAO: you when you file an appeal based on USCIS decision.


      • #4
        Thanks Aguila:
        Do you know (BIA) or (AAU/AAO) will publish their decision on the Web or become public record and which not?
        Also do you know how long it take to reach a decision on immigration appeals case?


        • #5

          I have no idea as to timeframes in this appeal process.

          I assume that AAU/AAO is a lot quicker, because then alien must appear in front of Immigration Judge, you must know that if you appeal to AAU/AAO and they deny you again you appear in front of Immigration Judge who will either agree with AAU/AAO decision or change the decision in your favor.

          If Immigraton Judge agrees with AAU/AAO decision then you have to appeal to BIA, which I heard might take a very long time. If BIA agrees with IJ and AAU/AAO you have the chance to appeal to higher Court.


          • #6
            If it is based on asylum, be prepared to wait a very long time. My friend won it after 9 years after the initial denial.

            If it is based on marriage, it is shorter - San Francisco had it less than two years. BIA can not ask questions to an immigrant so with the favorable decision, it will send the case to the immigration judge. Then s/he will schedule the final hearing(real decision on your future) after the initial appearance for the master hearing (administrative kind).

            But John Ashcroft, the attorney general, demanded that BIA's backlog of cases be finished with 6 months in early 2002. I do not think BIA has much success in reducing the backlog and summarily denied cases more often - - contributing the increased numbers of immigrant cases in the circuit courts across the USA.


            • #7
              I also tried to find the processing times that BIA/AAO have. I did not find anything useful. Just rough estimation of processing times my friends went thru.


              • #8

                If an alien gets involved in the appeal process base upon a marriage case, will the alien be able to have a valid employment authorization or conditional residence status while the case is waiting to be decided by BIA?


                • #9
                  While the alien case pending with the Administrative Appeals Office (AAO), do they give the alien work authorization and in case he went to travel do they issue him Advance Parole document.


                  • #10
                    The conditional status can be extended again and again (I-551 stamps) until you get approval on I-751.

                    Generally, GC does not require you to get EAD(or work permit), or else, you would waste $ on it. If working while marriage-based I-485 pending & without work permit is usually forgiven when one gets permanent residency.

                    If you have I-551, I believe work permit is not needed. You are lawful permanent resident already but I understood it is temporary with I-751 decision pending.

                    BIA decides which cases should be sent to immigration judges. One may appeal BIA's decision in the circuit court(it means more $$$) when BIA thinks his/her case has no merit/does not deserve to be sent to immigration judge.

                    My friend worked without work permit for several years and appealed on I-130 denial. His case went to BIA/IJ. After reaching BIA(I mean actually reviewed rather than sitting on the desk), the pace quickened. He was granted 10 years permanent residency in almost one year – from BIA's review to IJ decision – with no penalty for working without permit, provided that he is married to USC.

                    Sorry I do not have much knowledge on BIA/IJ but it is my basic understanding & I help friends in my community. Please check with your immigrant lawyer to be sure. Also check I-765 form (EAD or employment authorization card) for further details.


                    • #11

                      here is info on Advance Parole:

                      Attenzione: one can be denied when returning to US. Read carefully & decide.

                      It will be much easier when you secure GC. Not worth a gamble if you don't have it. In my opinion.


                      • #12
                        The answer is yes. AAO decisions are public record.
                        The AAO is supposed to redact (erase) identifying information from the publicly available documents, But one can never count on them doing it perfectly.


                        • #13
                          do you know what is the time frame for AAU to decide a case.


                          • #14

                            You have to add 4 months to their projected time.


                            • #15
                              Aguila, you are giving out not entirely correct information.

                              BIA is for IJ decisions, asylum, I-130 appeals.

                              AAO (or AAU) is for all other petition decisions (I-140 & I-360).

                              A decision based on an I-485 denial is not appealable to the Board (BIA) or AAO you file either a motion to reopen or a motion to reconsider and those are adjudicated by an officer in the district that initially issued the denial.

                              Both can take a VERY long time and, if your I-485 has been denied, you are not entitled to employment authorization while you wait.


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