Chapter 11 - Decision and Post-Adjudication

During adjudication, USCIS may issue a Request for Evidence or Notice of Intent to Deny. USCIS considers any evidence timely submitted in accordance with the notice’s instructions prior to issuing a decision.

A. Approval

If the person meets the eligibility requirements set forth above, the officer approves the petition under the correct classification and USCIS notifies the petitioner of the approval.

B. Denial

If the petitioner fails to establish eligibility for the benefit sought, the officer denies the petition. If the petition is denied, USCIS informs the petitioner of the reasons for denial. The decision must include information about appeal rights and the opportunity to file a motion to reopen or reconsider.

C. Motions and Appeals

The petitioner may appeal the denial to the Administrative Appeals Office (AAO) or may file a motion to reopen or reconsider by filing a Notice of Appeal or Motion (Form I-290B).[1]

D. Validity of Approved Petitions

An approved petition is valid indefinitely, unless the approval is revoked under INA 203(g) or INA 205.[2]

E. Adjustment of Status

Adjustment of status based on classification as a special immigrant is addressed separately in this Policy Manual.[3]

Footnotes


[^ 1] Current information about filing locations, fees, and other information about how to file a motion or appeal can be found at uscis.gov/i-290b.

[^ 2] See 8 CFR 204.5(n)(3).

[^ 3] See Volume 7, Adjustment of Status, Part F, Special Immigrant-Based (EB-4) Adjustment [7 USCIS-PM F].

Current as of July 30, 2021