immiuser_140, Kamvp, Legally_Alien, gccrak and North American,
Here are the details about "Appelate Body" clause. There is good news and a bad news. The bad news is, this message means the case is NOT approved yet. But the good news is the initial review of the adjudicator is favorable and he/she has approved the case. But he/she is not sure about the decision and hence it has been referred to a higher official. This Process is called "CERTIFICATION". This happens under two circumstances
1. Head quarters has instructed the adjudicators to certify certain predefined cases, patterns of cases or patterns of facts.
2 The case is very complex or the facts/arguments for the case are so "novel" (lifted directly from the regulation/SOP), that it requires a review.
I believe the notice which they have sent us is Form I-290C. This should explain the details of why our case was certified instead of approval. We have 30 days of time to file a brief in favor of the case or it can be waived if we think it is not necessary to file a brief. 30 days period can also be waived by the reviewer if a favorable decision is made and the case is approved before the brief is filed.
Also FYI. A case could be certified either for an approval or denial. Since I see the word "Approval" in all our messages, I am hoping it is being reviewed for approval. That is why I said there is a good news also. Hope I am right. God help us.....
The law governing CERTIFICATION process is covered under Title 8 section 1103.4 (Also called just 103.4). You will find it thru google if you give this search "PART 1103—APPEALS, RECORDS, AND FEES".
I also found a PDF Document with Standard Operating Procedure it is called "AFMChapter10-Overview.pdf". Search for this document in google you will find it. Look under 10.8 and 10.18 sections of this PDF.
If you have already recieved the form, can you please post or PM the details? I would appreciate a lot.
Hope this helps. Good luck to you all. Hope we all will get our approval very soon.
This is my status message.
On September 30, 2004, we mailed you a notice that we certified our approval of this case and sent it to the appellate body for review. The notice explains in detail the basis for this proposed action. If 14 days have passed and you have not received this notice, you may wish to verify or update your address. To update your address, please call the National Customer Service Center at (800) 375-5283.
