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OI 103.3 Appeals to the Administrative Appeals Unit (AAU) in other than Legalization Appeals Unit (LAU) cases.
An official making an appealable decision must prepare a formal order. The official must sign the duplicate order (on Form I-292 or other notification form, if applicable) and retain it in the record of proceeding (ROP)
Normally, the date of service is the date of the decision. When the date of service is not the date of the decision, the deciding office must record the date of service in the ROP in the manner most convenient for that office.
If the affected party resides outside the United States, the deciding office must send the notice by air mail.
Record of proceeding.
The deciding office is to send only the ROP to the AAU. The AAU will return the ROP to that office with the final decision.
The tab on the folder containing the ROP should be in the same position on the folder as on an "A" file (on the left for an odd number and on the right for an even number). The file number must be followed by the three-digit files control office code except when the code is already part of the file number.
The record of proceeding must contain, on the left side of the folder, all evidence used in making the decision. The deciding office must arrange applicable items in the record of proceeding from top to bottom in the following order:
Notice of Entry of Appearance as Attorney or Representative(Form G-28). (TM 6/90)
Brief, statement, and/or supporting evidence.
Notice of Appeal to the Administrative Appeals Unit (Form I-290B).
Any response to notice of intent to take unfavorable action.
Notice of intent to take unfavorable action.
Investigative reports and/or other derogatory information.
Application or petition.
Evidence in support of application or petition.
Miscellaneous record materials relating to the proceeding should be in the ROP in chronological order from bottom to top.
The official who reviews the appeal must complete an Appeals Review Worksheet (Form I-468). That official must put Form I-468 in the folder, on the right side, with an Administrative Appeal Control Card (Form I-725). (TM 6/90)