How can someone appeal a USCIS decision?

• A. It can only be appealed to the Administrative Appeals Office (AAO)
• B. It can be appealed to the Administrative Appeals Office (AAO) or pursued in federal court depending on the decision
• C. It must be challenged by filing a new application with USCIS
• D. It is automatically reviewed by the Department of State

Answer: (B)

Understanding how to challenge a USCIS decision involves two main avenues: an administrative appeal within the agency, or pursuing a federal court review. Many USCIS decisions can be appealed to the Administrative Appeals Office (AAO), where a higher review of the decision is conducted and a new determination is issued. But not every decision has AAO review, and for other decisions you can choose to seek judicial review in federal court instead. This is why the option that recognizes both paths “depending on the decision” is the best description: the path you take depends on the specific type of decision and the statutes governing it.

Filing a brand-new application is not the same as an appeal; it starts a fresh process rather than challenging the prior denial. And DoS does not automatically review USCIS decisions—the Department of State handles visa matters, but the normal review route for USCIS denials is either an AAO appeal or federal court review after administrative remedies are exhausted.