Notice of Appeal of Decision Under Section 210 or 245A of the Immigration and Nationality Act

Notice of Appeal of Decision Under SEction 210 or 245A of the Immigration and Nationality Act

i-694instr

Notice of Appeal of Decision Under Section 210 or 245A of the Immigration and Nationality Act

OMB: 1615-0034

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OMB No. 1615-0034; Expires 09/30/2011
Department of Homeland Security
U.S. Citizenship and Immigration Services

Instructions for I-694, Notice of Appeal of
Decision Under Section 210 or 245A
Instructions

Read these instructions carefully to properly complete this form. If you need more space to complete an answer, use a
separate sheet of paper. Write your name and Alien Registration Number (A #), if any, at the top of each sheet of paper and
indicate the section and number of the item to which the answer refers.

What Is the Purpose of This Form?
This form is used to notify U.S. Citizenship and Immigration Services (USCIS) that you are appealing the decision to the Director of
USCIS of your denied permanent residence, temporary residence, or a waiver of grounds of inadmissibility under the amnesty
program provisions of the Immigration Reform and Control Act of 1986, (IRCA).

Briefs
A brief in support of an appeal is not required, but may be desired. If a brief is to be submitted, it may be provided with Form I-694,
Notice of Appeal of Decision Under Section 210 or 245A, or received up to 30 calendar days from the date of receipt of Form I-694 at
the USCIS Service Center.

Oral Argument
Oral argument before USCIS Director or an officer designated by the Director may be requested by a letter attached to Form I-694.
The letter must set forth the reasons oral argument is desired in support of or in place of a brief. Oral argument will be denied in any
case where the appeal is found to be frivolous, where oral argument will serve no useful purpose, or where written material or
representations will appropriately serve your interests. If oral argument is granted, it must be held in person. The officer to whom the
appeal is taken will designate in writing the time, date, and place of the oral argument. Oral argument in any case will be limited to 15
minutes, unless justification and arrangements for additional time are made in advance.

Counsel
In presenting and prosecuting Form I-694, you may be represented at no expense to the U.S. Government by counsel or a duly
authorized representative. If you are represented, your counsel or representative must file a Notice of Entry of Appearance as Attorney
or Representative (Form G-28) with Form I-694.

Where to File an Appeal?
This form must be mailed to the address given on the "Notice of Denial" and must be received within 30 days of the date noted on
the USCIS letter of denial. The 30-day period for submitting an appeal begins 3 days after the notice of denial is mailed. No
extensions will be granted. Do not file the appeal at the AAO.

What Is the Filing Fee?
The filing fee for Form I-694 is $755. The fee will not be refunded regardless of the action taken. A separate cashier's check or money
order must be submitted for each application. All fees must be submitted in the exact amount. No cash or personal checks will be
accepted.
Form I-694 Instructions (Rev.11/23/10) Y

Use the following guidelines when you prepare your check or money order for the Form I-694 fee:
1. The check or money order must be drawn on a bank or other financial institution located in the United States and must be payable
in U.S. currency; and
2. Make the check or money order payable to U.S. Department of Homeland Security, unless:
A. If you live in Guam and are filing your petition there, make it payable to Treasurer, Guam; or
B. If you live in the U.S. Virgin Islands and are filing your petition there, make it payable to Commissioner of Finance of the
Virgin Islands.
NOTE: Please spell out U.S. Department of Homeland Security; do not use the initials "USDHS" or "DHS." (Failure to include the
proper form of payment will invalidate Form I-694 and will result in a rejection of the appeal. The initial filing date will not be
retained. (Reference 8 C.F.R. 103.2(a)(7)(i).)
How to Check if the Fee Is Correct
The fee on this form is current as of the edition date appearing in the lower right corner of this page. However, because USCIS forms
change periodically, you can verify if the fee is correct by following one of the steps below:
1. Visit our Internet Web site at www.uscis.gov, then select "FORMS" to check the appropriate fee;
2. Review the Fee Schedule included in your form package, if you called us to request the form; or
3. Telephone our National Customer Service Center at 1-800-375-5283 and ask for the fee information.
Notice to Those Making Payment by Check
If you send us a check, it will be converted into an electronic funds transfer (EFT). This means we will copy your check and use the
account information on it to electronically debit your account for the amount of the check. The debit from your account will usually
take 24 hours, and will be shown on your regular account statement.
You will not receive your original check back. We will destroy your original check, but we will keep a copy of it. If the EFT cannot
be processed for technical reasons, you authorize us to process the copy in place of your original check. If the EFT cannot be
completed because of insufficient funds, we may try to make the transfer up to two times.

Address Change
If you change your address and you have an application or petition pending with USCIS, you may change your address on-line at
www.uscis.gov, click on "Change your address with USCIS" and follow the prompts or by completing and mailing Form AR-11,
Alien's Change of Address Card, to:
U.S. Citizenship and Immigration Services
Change of Address
P.O. Box 7134
London, KY 40742-7134
For commercial overnight or fast freight services only, mail to:
U.S. Citizenship and Immigration Services
Change of Address
1084-I South Laurel Road
London, KY 40744

Form I-694 Instructions (Rev.11/23/10) Y Page 2

Processing Information
Any Form I-694 that is not signed or accompanied by the correct fee will be rejected with a notice that Form I-694 is deficient.
You may correct the deficiency and resubmit Form I-694. An application or petition is not considered properly filed until accepted by
USCIS with the correct fee.

Initial processing
Once Form I-694 has been accepted, it will be checked for completeness, including submission of the required initial evidence. If you
do not completely fill out the form, or file it without required initial evidence, you will not establish a basis for eligibility and we may
deny your Form I-694.

Requests for more information or interview
We may request more information or evidence, or we may request that you appear at a USCIS office for an interview. We may also
request that you submit the originals of any copy. We will return these originals when they are no longer required, upon the approval
of Form G-884, Request for the Return of Original Document(s).

Decision
The decision on Form I-694 involves a determination of whether you have established eligibility for the requested benefit. You will
be notified of the decision in writing.

USCIS Forms and Information
To order USCIS forms, call our toll-free number at 1-800-870-3676. You can also get USCIS forms and information on immigration
laws, regulations, and procedures by telephoning our National Customer Service Center at 1-800-375-5283, or visiting our Internet
Web site at www.uscis.gov.
As an alternative to waiting in line for assistance at your local USCIS office, you can now schedule an appointment through our
Internet-based system, InfoPass. To access the system, visit our web site. Use the InfoPass appointment scheduler and follow the
screen prompts to set up your appointment. InfoPass generates an electronic appointment notice that appears on the screen.

Penalties
If you knowingly and willfully falsify or conceal a material fact or submit a false document with Form I-694, we will deny Form I-694
and may deny any other immigration benefit.
In addition, you will face severe penalties provided by law and may be subject to criminal prosecution.

Paperwork Reduction Act
An agency may not conduct or sponsor an information collection and a person is not required to respond to a collection of information
unless it displays a currently valid OMB control number. The public reporting burden for this collection of information is estimated at
30 minutes per response, including the time for reviewing instructions, and completing and submitting the form. Send comments
regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to:
U.S. Citizenship and Immigration Services, Regulatory Products Division, Office of the Executive Secretariat, 20 Massachusetts
Avenue, N.W., Washington, DC 20529-2020. OMB No. 1615-0034. Do not mail your application to this address.

Form I-694 Instructions (Rev.11/23/10) Y Page 3


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File Modified2010-11-22
File Created2007-07-30

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