How To File An Appeal With The I-290b Form

When you need to file an appeal with the Administrative Appeals Office (AAO) or the United States Citizenship and Immigration Services, complete Form I-290B, Notice of Appeal or Motion (USCIS). This page will explain Form I-290B, its use, and how to file it. Continue reading to learn how filing it can help you when you receive an unfavorable decision from USCIS.

What Is an I-290B Form?

Form I-290B is used to make an appeal to the AAO or file a motion to reconsider or reopen to USCIS. When you file a motion to reopen or reconsider, you are submitting it to the USCIS office that issued the decision in your case. 

Additionally, the I-290B form can be used to make an appeal if an Immigration and Custom Enforcement (ICE) Form I-17 is denied.

A motion to reconsider and a motion to reopen are often spoken about interchangeably, but they are very different legal processes. When sending in your Form I-290B, you must specify which motion you pursue and be prepared to present your case. 

When to Use A USCIS I-290B Form 

The purpose of a Notice of Appeal is to file an appeal or motion when you receive a denial or other unfavorable decision on one of your immigration forms, but what does that mean? Below are the differences between appeals and the two types of motions.

What is an Appeal?

An appeal is a notice sent to the AAO requesting that a different authority review a decision made about your application. When your immigration application is denied or receives another unfavorable decision, the USCIS office that made the decision will receive your notice of appeal and either:

1. Make the appeal a motion or reconsider or reopen or; 
2. Send your appeal request to the AAO

Though they use the same form, an appeal and a motion to reconsider or reopen are different processes. Consult your immigration attorney on which process may be best for your case. 

What is a Motion to Reconsider?

A motion to reconsider is a request for USCIS to review the unfavorable decision, but now with a new legal argument that states it was made incorrectly.

Using the same evidence, you must present an argument that shows that USCIS was wrong in their decision regarding your application- typically in denial cases. Additionally, you need to prove that the evidence you present in your case is viable for an acceptance.

A legal argument, particularly one made in such a short window of 30 days, is complicated. An experienced immigration attorney can help navigate the complexities of the immigration legal system and form a strong argument in your favor..

What Is A Motion to Reopen?

A motion to reopen is a motion sent to USCIS to reopen your case after an unfavorable decision. With a motion to reopen, you can present new evidence proving your eligibility for acceptance at the time you originally submitted your application. 

You must include affidavits along with your new evidence. All new evidence needs to be new. Your arguments for a motion to reopen cannot use the same evidence submitted in your original application.

When You Should Not Use Form I-290B

There are four main instances in which Form I-290B is not used:

1. Appeals of Special Agricultural Worker or Legalization applications
2. Department of State overseas consular officer denials of U.S. visa applications
3. When you need to file an appeal with the Board of Immigration Appeals
4. When you are the beneficiary of a petition or application 

Consult your immigration attorney if you have questions about whether or not to use Form I-290B. Whether you need to file Form I-290B or another appeals document, your immigration attorney can help you through the process.

If you are wondering about a specific petition or application you wish to appeal, check the USCIS “When to Use Form I-290B” checklist page.

Form I-290B Instructions

There are seven parts to a Notice of Appeal form. Below are the step-by- step I-290B instructions you need to fill out your form. You can file Form I-290B online. If you fill out a physical form, make sure you do so legibly and in black ink. When you begin your form, start at “Part 1” and avoid the very top section. 

Part 1

The first section is “Information About the Applicant or Petitioner.” Here, you will include information such as your:

• Full name
• A-number
• USCIS online account number
• Mailing Address

If you are a business or organization, you will write in the name of your business. 

Part 2

The second part of the form is “Information About the Appeal or Motion.” In this section, you will indicate whether you are filing for: 

• an appeal
• a motion to reopen
•  a motion to reconsider
• Motion to reopen and reconsider

If you file a motion, you must include a brief attached to your form, and additional evidence if you choose to reopen your case.

If you are selecting an appeal, you can either choose to:

• Include your brief and/or additional evidence
• Send your brief and/or additional evidence to the AAO separately but within 30 days of filing your appeal
• Not submit brief or additional evidence at all 

In part 2, you will also include:

• The USCIS form you are applying for an appeal or motion
• Receipt number for the original application or petition
• Nonimmigrant or Immigrant classification
• Date of USCIS’s decision
• USCIS office that issued the decision 

When you file a Notice of Appeal, it’s important to discuss your brief- and your entire case- with your immigration litigation lawyer. Our experienced immigration attorneys will review your application and see if we can build a strong case for your appeal or motion. Navigating the immigration legal system can be difficult. Having a skilled team of immigration attorneys on your side will help strengthen your case and increase your chances of getting your I-290B approved. 

Part 3

Here you will include your “Basis for the Appeal or Motion.” You can either fill in the information in Part 7 or on a separate sheet of paper. 

If you are filing for an appeal, you need to include a statement that identifies USCIS’s wrong decision you want to appeal. Note that Part 3 is not your brief, which you have the choice to include in addition to your basis for appeal statement. 

If you are filing for a motion to reopen, you must make a statement that lists new facts along with supporting documents that show your eligibility for your previously denied/adversely decided application or petition.

Suppose you are filing for a motion to reconsider. In that case, you need to show that USCIS’s decision was a wrong application of law or policy. Additionally, your statement needs to be supported by evidence already included in your original application or petition.

Part 4

In the fourth section, you will: 

• State that you can read English or that you used an interpreter.
• Provide your contact information.
• Sign and date the form. 

Part 5

If you use an interpreter, part 5 is for their name, contact information, and signature. 

Part 6

If you used a preparer, like an immigration attorney, Part 6 is where their name, contact information, and signature goes.

Part 7

The seventh section is for additional information you wish to include on your form. If you run out of space on any sections, you can fill in the rest here. In this section, you may also write your Basis for Motion or Appeal (Part 3).

I-290B Filing Address

Do not send your Form I-290B to the AAO directly. Instead, check the USCIS direct filing address page and consult your immigration attorney before submitting your Notice of Appeal.

The direct filing address to which you mail your Form I-290B to is determined by the type of the appeal or motion and the specific form that was issued an unfavorable decision. There are different I-290B filing address categories of what the motion is about, each with subcategories about which form was used. The subcategories will tell you where to send your I-290B form. 

If you have any questions about which I-290B filing address to send your notice to, contact an immigration attorney on our team right away. 

I-290B Processing Time

You must file Form I-290B within 30 days of receiving the unfavorable decision. Whether you are appealing or making a motion, your form must be submitted in 30 calendar days including weekends and holidays.

If you were issued a revocation on notice, you must file your Form I-290B 15 days after receiving the decision.

Having an immigration attorney on your team can greatly benefit you, especially since appeals and motions are extremely complicated and must be completed in a timely manner. 

AAO usually takes about six months to two years to process your appeal. However, the processing time could be extended depending on the amount of backlog and the complexity of your case.

USCIS may respond in six months to your motion to reconsider or reopen. Similar to the appeals process, a USCIS response may take longer if they have a backlog of motions or if your case is complex. 

Form I-290b Filing Fee

A notice of appeal has a nonrefundable filing fee of $675. You can submit your form as either:

• Money order
• Personal check made out to the U.S. Department of Homeland Security
• Cashier’s check made out to the U.S. Department of Homeland Security
• Credit card by using Form G-1450

Contact an Experienced Immigration Attorney Today

If USCIS issues an unfavorable response to an application or petition, you may be able to file a motion or appeal the decision. Filing Form I-290B requires dealing with the AAO or USCIS, which can be intimidating and challenging. Without knowledge of the legal system, you risk having your I-290B denied. However, with an experienced attorney by your side, the motions or appeals process becomes more attainable.

Our team of immigration attorneys at Scott D. Pollock & Associates can help build a strong case in your defense. File your appeal or motion with legal backing from an experienced team. Call us at 312.444.1940 or fill out an online contact form today. We look forward to hearing from you to help you move forward on your path to the United States.