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Appealing a USCIS Denial to the AAO: Is It Really Worth It?
Leandro Carvalho
Appealing a USCIS Denial to the AAO: What Applicants and Employers Need to Know
When U.S. Citizenship and Immigration Services (USCIS) issues a denial, the next steps require careful strategic evaluation. One option available in certain cases is to file an appeal with the Administrative Appeals Office (AAO). However, before committing time, resources, and expectations to this path, it is essential to understand the practical likelihood of success.
Understanding the AAO’s Role
The AAO is responsible for reviewing a wide range of USCIS decisions, including those involving employment‑based immigrant and non‑immigrant petitions. Its function is to determine whether the original adjudication was correct under immigration law and policy. While the AAO offers a formal mechanism for review, its decisions consistently show that reversals are uncommon.
2025 AAO Data: A Low Reversal Rate
Recent USCIS data for the year 2025 reveals a significant insight:
- 656 appeals were adjudicated by the AAO, and
- Only 19 resulted in a reversal of the original USCIS decision.
Understanding the U.S. Visa Bulletin
By Amanda Arantes – aarantes@dellvirlaw.com
Navigating the U.S. immigration process can be overwhelming, especially when it comes to understanding when your green card might become available. That’s where the Visa Bulletin comes in—a crucial tool issued monthly by the U.S. Department of State that helps applicants track their place in line.
📌 What Is the Visa Bulletin?
The Visa Bulletin is a monthly publication that outlines green card availability based on visa categories and country of origin. It allows petitioners and beneficiaries to estimate when their green cards might be processed, depending on their priority date.
🌐 Where to Find It
You can access the latest Visa Bulletin directly from the U.S. Department of State’s website:
👉 https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2025/visa-bulletin-for-february-2025.html
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Can You File for a Green Card While on a Tourist Visa?
For many visitors, a short trip to the U.S. can spark something bigger. Maybe you reconnected with family, built a relationship, or simply felt like this is where your future should continue. It’s not uncommon for tourists to wonder: Can I apply for a green card while I’m still here?
At Dell’Ome Law Firm, we work with individuals in Virginia Beach and throughout Hampton Roads who are navigating this exact situation. If you’re visiting on a B-1/B-2 visa and considering legal permanent residence, it’s important to move carefully and legally.
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Build a Strong ‘National Interest’ Argument for Your NIW Petition
For those pursuing the EB-2 National Interest Waiver (NIW), the process can be especially demanding. This category skips the labor certification process, but only if you can convince U.S. Citizenship and Immigration Services (USCIS) that your work benefits the country as a whole. At Dell’Ome Law Firm, we work closely with individuals pursuing the EB-2 NIW green card and provide focused legal strategy for both immigrant and non-immigrant visa matters. Here's how to build a national interest argument that holds up under USCIS scrutiny.
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What Happens If Your E-2 Business Fails?
Starting a business in a new country takes grit, long hours, and significant investment. For E-2 visa holders, the stakes are even higher. Your legal status in the U.S. depends on the success of your business. If the business struggles or shuts down, you could be facing immigration consequences. At Dell’Ome Law Firm, we help clients navigate complex issues involving immigrant and non-immigrant visa matters, including what to do when a business tied to an E-2 visa fails.
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Top Benefits of Hiring an EB-5 Visa Attorney
The EB-5 visa program presents a remarkable opportunity for investors looking to obtain permanent residency in the United States. However, the application process can be riddled with complexities and strict requirements. Hiring an immigration attorney who specializes in EB-5 visas can be a strategic advantage. Here are the top benefits of working with an experienced EB-5 visa attorney.
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Navigating the E-2 Visa Application Process with an Expert
The E-2 visa offers an incredible opportunity for investors from treaty countries to conduct business in the U.S. However, the application process can be complex. Understanding the necessary requirements is crucial in ensuring success. By consulting an immigration attorney, such as our experts at Dell'Ome Law Firm, you can navigate this intricate process with confidence and clarity.
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Understanding the Different Types of Non-Immigrant Visas
Non-immigrant visas are essential for individuals who wish to temporarily reside in the U.S. for specific purposes such as work, study, tourism, or other activities. These visas are crucial for fulfilling various personal and professional aspirations. Understanding the different types of non-immigrant visas can help streamline your visa application process. Consulting an immigration attorney can provide invaluable guidance tailored to your unique situation.
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The Benefits of Hiring an Experienced Immigration Attorney
Navigating the immigration process can be a daunting task filled with intricate legal requirements and procedural hurdles. Whether you’re seeking an immigrant or non-immigrant visa, hiring an experienced immigration attorney can significantly streamline the process and minimize potential complications. Here are some key benefits of consulting an immigration attorney.
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What to Expect During Your Consultation with an Experienced Immigration Attorney
Consulting an immigration attorney can be a pivotal step in your journey through the U.S. immigration system. Whether you are looking to apply for a visa, seek permanent residency, or understand the legal nuances of your situation, a consultation provides crucial insights. Here’s what you can expect during your meeting with an experienced immigration lawyer.
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How to Choose the Right Visa Category for Your Needs
Navigating the visa application process can be overwhelming, especially with various options available. Whether you seek permanent residency or a temporary stay, selecting the right visa category is essential. Consulting an immigration attorney can help simplify this journey and ensure that you choose the best option for your specific circumstances.
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The Impact of Local Immigration Laws on Your Case
Navigating the complex immigration landscape can be daunting, especially when local laws come into play. Understanding the impact of these regulations is essential for anyone seeking a green card, citizenship, or a non-immigrant visa. At Dell'Ome Law Firm, we pride ourselves on our deep knowledge of immigration law, and we're here to guide you through this intricate process with confidence and clarity.
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What are the requirements for the EB-2 NIW Visa?
The EB-2 NIW visa, or EB-2 National Interest Waiver visa, provides an excellent pathway for highly skilled professionals and individuals with advanced degrees to live and work in the United States without employer sponsorship. However, understanding the detailed requirements for obtaining this visa is crucial for a successful application. At Dell'Ome Law Firm, we are committed to guiding you through each step of the process with clarity and expertise.
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Changing Status From F-1 Student Visa to Green Card
Transitioning from an F-1 student visa to a green card is an exciting yet complex journey for many international students in the United States. The process involves understanding various options, legal requirements, and potential pathways to secure your status as a lawful permanent resident. At Dell'Ome Law Firm, we specialize in guiding individuals through these conversions and ensuring a smooth transition toward achieving your immigration goals.
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Frequently Asked Questions About EB-2 Visa
The EB-2 visa is an attractive option for professionals looking to live and work in the United States. As specialized immigration attorneys, the team at Dell'Ome Law Firm has a uniquely expert understanding of the EB-2 Visa process. Below, we address some common questions to clarify the process and requirements for obtaining an EB-2 NIW Visa and the EB-2 National Interest Waiver.
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How to Calculate the CSPA Age?
Liz Dell'Ome
The CSPA (Child Status Protection Act) age, or "CSPA age," is a rule used in the United States to calculate the "protected age" of dependent children in immigration processes in order to prevent them from becoming ineligible due to "aging out" (i.e., reaching the age of 21 during the processing of a visa application). The calculation of the CSPA age can help determine whether the child is still considered a minor, even after turning 21, for immigration purposes.
How to Calculate the CSPA Age:
How to calculate the CSPA age:
1. Determine the child's actual age at the time a visa became available for her:
· This date can be the approval date, if the visa bulletin of that month covers the priority date of the petition; or
· The first day of the month when a visa becomes available (the visa bulletin covers the petition’s priority)
2. Calculate the processing time of the petition:
· The next step is to calculate how long the petition took to be processed. This is done by counting the number of days between the filing of the form (the date the petition was received) and the approval of the petition (the approval date by USCIS).
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Understanding the Role of a Local Experienced Immigration Attorney
When it comes to immigration, it's essential to recognize that each case presents its challenges. Partnering with a knowledgeable local immigration attorney from Dell'Ome Law Firm can significantly enhance your understanding of U.S. immigration laws. With our offices located in Coral Springs, FL, and New York, NY, our attorneys are dedicated to creating personalized strategies tailored to your immigration requirements.
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Welcome
Welcome to our site! We are in the process of building our blog page and will have many interesting articles to share in the coming months. Please stay tuned to this page for information to come. And if you have any questions about our business or want to reach out to us, we would love for you to stop by our contact page.
Thank you!
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