What is Form I-290B?
Form I-290B, Notice of Appeal or Motion, is used to seek further review of certain USCIS decisions. Depending on the benefit and decision, the form may be used to file an administrative appeal, a motion to reopen, a motion to reconsider, or a combined motion. It is not the correct review procedure for every USCIS denial.
Send Us Your USCIS DecisionBefore filing, identify exactly what you are asking USCIS to do.
The same form can initiate very different types of review.
Form I-290B is the procedural form used for many USCIS administrative appeals and motions. The legal standard, however, depends on what type of review is requested.
An appeal asks the appropriate administrative appellate authority to review an appealable decision. A motion instead asks USCIS to reopen or reconsider a prior decision under the applicable motion rules.
Before completing the form, review the adverse decision to determine whether the benefit is appealable, whether a motion is permitted, who has standing to file, and what filing period applies.
Form I-290B can serve three different procedural functions.
Choosing the correct box on the form is only the beginning. The legal submission must satisfy the standard corresponding to the requested review.
Administrative Appeal
Where an appeal is authorized, the affected party may seek review of the adverse decision. For many USCIS benefit requests, the Administrative Appeals Office has appellate jurisdiction.
Motion to Reopen
A motion to reopen states new facts and supports those facts with affidavits or other documentary evidence. The evidence should directly address the reason the prior case was denied.
Motion to Reconsider
A motion to reconsider argues that USCIS incorrectly applied law or policy and that the prior decision was incorrect based on the record existing when USCIS issued it.
Do not automatically file I-290B after every USCIS denial.
Different immigration benefits use different review procedures.
Whether Form I-290B is available depends on the benefit request and the particular decision USCIS issued.
For example, an I-130 petition appeal generally proceeds to the Board of Immigration Appeals through the applicable BIA appeal procedure, although an I-130 petitioner may use I-290B for an eligible USCIS motion. Naturalization denials ordinarily use the N-336 hearing procedure.
Some USCIS decisions permit a motion but no administrative appeal. Other decisions may provide neither ordinary I-290B appeal rights nor motion rights.
The denial or revocation notice and USCIS's current benefit-specific eligibility rules should be checked before filing.
The person affected by the decision does not automatically have standing to file.
Most cases use one filing period, but revocation appeals can be much shorter.
30 Calendar Days
Current USCIS instructions generally require an eligible appeal or motion within 30 calendar days after service of the adverse decision.
Where USCIS mailed the decision, the ordinary period is generally 33 calendar days.
15 Calendar Days
An appeal from revocation of an approved petition generally has a shorter 15-calendar-day filing period.
Where USCIS mailed the revocation decision, the period is generally 18 calendar days. The actual revocation notice should be checked immediately.
Match the requested review to the problem in the decision.
Consider Appeal
An appeal may be appropriate where the existing record already supports eligibility and USCIS made a significant factual, legal or analytical error.
Consider Reopening
A motion to reopen may fit where evidence not previously submitted establishes new facts directly relevant to the reason for denial.
Consider Reconsideration
A motion to reconsider may fit where USCIS incorrectly applied a statute, regulation, precedent decision or USCIS policy to the record that existed when the decision was issued.
The form should be supported by a focused legal and evidentiary submission.
Six principles before filing an appeal or motion.
Confirm I-290B Is Available
Start with the benefit-specific review rules rather than assuming every USCIS decision uses this form.
Confirm Who Has Standing
In petition cases, the petitioner generally controls review rather than a beneficiary who did not file the petition.
Calendar the Correct Deadline
Most cases use the ordinary I-290B period, while revocation appeals can have a substantially shorter deadline.
Choose the Correct Theory
Appeal, reopening and reconsideration ask USCIS to do different things and should not be treated interchangeably.
Respond to Every Denial Ground
A successful I-290B submission should explain why each independent basis for the adverse decision cannot stand.
Do Not Assume the Filing Preserves Status
The immigration consequences of the underlying denial must be analyzed separately from the administrative challenge.