With the Administrative Appeals Office reluctant to reverse denials for business immigration petitions, attorneys say refiling a case or heading to federal court is often a smarter choice, as judges may be more objective in weighing a case than AAO examiners.
The AAO handles a range of petition denial appeals, from applications to sponsor a foreign fiance to bids to bring over a temporary worker on an H-1B visa. Approval rates at the office, however, are strikingly low, particularly when it comes to certain employment-related visa categories, according to statistics from U.S. Citizenship and Immigration Services.
****
Taking the fight to court also frequently makes the government “much more willing to talk to you” and reach a settlement, even if the court doesn’t issue a ruling, said Kate Kalmykov of Greenberg Traurig LLP.
“And that will never happen when you file something through the AAO,” Kalmykov added.