Post-Decisions and Appeals
Following a decision on Form I-360, individuals have a path to challenge the outcome or understand the benefits derived from an approval. This section covers the critical steps and options available post-decision, focusing on approvals, denials, motions, and appeals.
Approval and Benefits
Upon approval of Form I-360, the petitioner is eligible for certain immigration benefits. This includes the potential to file for lawful permanent residency. The petitioner may pursue classification under categories such as an Amerasian, Widow(er), or a Special Immigrant, which covers abused spouses, children, or parents under VAWA.
Denial and Motions
If Form I-360 is denied, the petitioner has the option to file a motion. This motion can be to reopen the case due to new evidence or circumstances or to reconsider the decision based on claimed errors in the application’s original review.
Petitioners may appeal certain USCIS decisions to the Administrative Appeals Office (AAO), or with regards to immigration matters, to the Board of Immigration Appeals (BIA). An appeal must be filed within the designated time period, typically 30 days from the decision date, using Form I-290B, Notice of Appeal or Motion.
Following the exhaustion of all administrative appeals, petitioners may seek judicial review of their case in federal court. However, it is a less common course of action due to its complexity and the requirement of having gone through all other available administrative channels.