Other Fields
Agency Scheme: 
DHSCISAO0010
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
U.S. Citizen & Immigration Services Administrative Appeals Office
Name of Hearing Office (global name): 
Department of Homeland Security: U.S. Citizen & Immigration Services Administrative Appeals Office
Sub-Agency/Bureau/Division:: 
Administrative Appeals Office
Hearing Officer #1 (Title): 
Hearing Officer
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

When an individual's application or petition for immigration benefits is denied, certain denial decisions can be appealed to the officer who made the initial decision. If the reviewing official decides that action favorable to the applicant will not be taken, the appeal is forwarded to the U.S. Citizen & Immigration Services Administrative Appeals Office (AAO). The applicant may request an oral argument before the AAO and give reasons showing why an oral hearing is necessary.

No further administrative appeal shall lie from the AAO's decision, nor may the petition be filed or reopened before an immigration judge or the Board of Immigration Appeals during exclusion or deportation proceedings.

See 8 CFR 103.3

PROCESS & PROCEDURE - General Information
Are private parties permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Attorney
Is the agency permitted to have representation at hearings?: 
N/A (e.g., Agency Not Party to Hearing)
Regulations/rules of practice for hearings (please include CFR citations): 
8 CFR 103.3
Other published guidance for hearings (if any): 
http://www.uscis.gov/about-us/directorates-and-program-offices/administrative-appeals-office-aao/administrative-appeals-office-aao
PROCESS & PROCEDURE - Pre-Hearing Procedure
Does the hearing officer have subpoena authority?: 
No
Are parties provided notice of hearing?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
Written (Document-Only) Hearing
In-Person
How is the type of hearing selected: 
By Agency
Is witness testimony permitted at hearings?: 
No
Can parties cross-examine witnesses?: 
No
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
No
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Who has authority to issue final decisions?: 
Adjudication Officer
Is judicial review available after issuance of a final decision?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Case Management
Does the agency permit web-based electronic filing of hearing-related briefs or other documents?: 
No
Are final decisions published and/or posted on the agency website?: 
Yes (All Decisions)
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
8 CFR 103.3(a)(iii)(C)
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
No
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified