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Immigration Appeals Certain adverse immigration related determinations can be appealed. These include determinations related cases involving the following: The Board of Immigration Appeals (BIA) has jurisdiction to review appeals based on final decisions of an Immigration Judge (IJ) in exclusion, deportation (removal) and certain other matters, appeals based on decisions in deportation or exclusion proceedings related to cancellation of removal applications, adjustment of status applications and appeals of certain other matters that arise before an Immigration Judge, appeals denied family-based preference petitions (Form I-130), appeals related to bond and detention determinations in removal proceedings, and other matters. The Administrative Appeals Office (AAO) has jurisdiction to review bond breach appeals, I-140 appeals (employment-based preference petition appeals that do not involve a denial based on the lack of an alien labor certification), appeals of denied applications for permission to reapply for admission into the U.S. after deportation or removal, appeals of denied applications for waiver of certain grounds of inadmissibility / excludability, appeals of denied petitions for temporary workers (I-129 appeals), appeals of denied fiancé visa or fiancée visa petitions (I-1239f appeals), naturalization / citizenship appeals, and other matters. The Board of Alien Labor Certification Appeals (BALCA) has jurisdiction to review appeals related to denials and revocations of labor certifications, including appeals of denied PERM labor certification applications, as well as to appeals of prevailing wage determinations by a State Workforce Agency. |
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