Chapter 5 – Appeals, Motions to Reopen, and Motions to Reconsider
•An appeal with the Administrative Appeals Office (AAO);
•A motion to reconsider a USCIS decision (made by the AAO, a field office, or a service center); or
•A motion to reopen a USCIS decision (made by the AAO, a field office, or a service center).
The petitioner must file the appeal or motion within 30 days of the denial or dismissal, or 33 days if the denial or dismissal decision was sent by mail.  See 8 CFR 103.3(a)(2)(i). See 8 CFR 103.5(a)(1)(i). See 8 CFR 103.8(b). If the appeal relates to a revocation of an approved special immigrant juvenile (SIJ) petition, the appeal must be filed within 15 calendar days after service of the decision, or 18 days if the decision was sent by mail.  See 8 CFR 205.2(d) (revocation appeals) and 8 CFR 103.8(b) (effect of service by mail). There is no exception to the filing period for appeals and motions to reconsider.
For a motion to reopen, USCIS may excuse the petitioner’s failure to file before this period expires where the petitioner demonstrates that the delay was reasonable and beyond his or her control.  See 8 CFR 103.5(a)(1)(i).
B. Requirements for Perez-Olano Litigation Class Members  See Perez-Olano v. Holder, Case No. CV 05-3604 (C.D. Cal. 2005).
Perez-Olano v. Holder is a class-action lawsuit filed on behalf of certain foreign national juveniles who may have been eligible for SIJ classification or SIJ-based adjustment of status but whose SIJ petition or adjustment application was denied or revoked for certain reasons. Certain persons whose petition for SIJ classification  See Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360). or SIJ-based application for adjustment of status  See Application to Register Permanent Residence or Adjust Status (Form I-485). was denied or revoked on or after May 13, 2005, may be eligible to file a motion to reopen the denied or revoked SIJ petition or SIJ-based application for adjustment of status.
A class action member may file a motion to reopen if his or her SIJ petition or SIJ-based application for adjustment of status was denied or revoked on account of:
•Age if, at the time the class member filed a complete petition for SIJ classification, he or she was under 21 years of age;
•Dependency status if, at the time the class member filed a complete petition for SIJ classification, he or she was the subject of a valid dependency order that was subsequently terminated based on age; or
•Specific consent, if the petitioner did not receive a grant of HHS specific consent before going before the juvenile court and the court order did not alter the petitioner’s HHS custody status or placement.
There is also a stipulation to the settlement agreement involving cases in which SIJ petitions or SIJ-based applications for adjustment of status were denied, terminated, or revoked on or after December 15, 2010 because the applicant’s state court dependency order had expired at the time of the filing. The requirements and process for a class member to request that his or her case be reopened under the stipulation differ from requirements under the original Settlement Agreement.  See Updated Implementation of the Special Immigrant Juvenile Perez-Olano Settlement Agreement, issued June 25, 2015.
Under the stipulation, USCIS will not deny, revoke, or terminate an SIJ petition or SIJ-based adjustment of status if, at the time of filing the SIJ petition, the applicant:
•Is or was under 21 years of age, unmarried, and otherwise eligible; and
•Is the subject of a valid dependency order or was the subject of a valid dependency order that was terminated based on age prior to filing.
See Updated Implementation of the Special Immigrant Juvenile Perez-Olano Settlement Agreement, issued June 25, 2015.
POLICY ALERT – Special Immigrant Juvenile Classification and Special Immigrant-Based Adjustment of Status
October 26, 2016
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance regarding the special immigrant juvenile (SIJ) classification and special immigrant-based (EB-4) adjustment of status, including adjustment based on classification as a special immigrant religious worker, SIJ, and G-4 international organization or NATO-6 employee or family member, among others.