Form I-290B of USCIS can be used to to file:
- An appeal with the Administrative Appeals Office (AAO);
- A motion with the USCIS office that issued the latest decision in your case (including a field office, service center, or the AAO); or
- Certain appeals of the denial of an Immigration and Customs Enforcement (ICE) Form I-17, Petition for Approval of School for Attendance by Nonimmigrant Student, with the ICE Student and Exchange Visitor Program.
IMPORTANT NOTES:
- Only the Petitioner or the Applicant can file an appeal or motion, a beneficiary of a petition cannot file on his or her behalf.
- Are the beneficiary of a petition. Generally, only an applicant or petitioner may file an appeal or motion.
- EXCEPTION: If you are the beneficiary of a Form I-140, Immigrant Petition for Alien Worker and we have revoked your approved Form I-140 and advised you that you may file a motion or appeal, you may then file a Form I-290B. Please include the USCIS revocation notice with your Form I-290B. For more information, please see the Motions and Appeals section of our I-140 Filing and Processing Procedures page.
- Want to file an appeal with the Board of Immigration Appeals (BIA). Appeals of Form I-130, Petition for Alien Relative, fall under the appellate jurisdiction of the BIA. The BIA also has jurisdiction over appeals of immigrant petitions that widow(er)s have filed using Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. You may file an appeal with the BIA using Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals.
- Want to appeal a USCIS “no risk” determination under the Adam Walsh Act. You may seek further review by filing a motion to reopen or reconsider on Form I-290B, Notice of Appeal or Motion, but there is no appeal available from such a determination.
- Want to appeal a Department of State consular officer’s denial of your U.S. visa application (for example, Forms DS-156, DS-156E, DS-156K, DS-117, DS-157, DS-230, or DS-260). For information about U.S. visa application denials, please visit the Department of State website.
- Want to appeal a Special Agricultural Worker or Legalization application. You must file these appeals on Form I-694, Notice of Appeal of Decision, Under Sections 245A or 210 of the Immigration and Nationality Act.
- You must file a separate Form I-290B for each motion or appeal. If you submit other immigration benefit requests with your Form I-290B, you must include a separate filing fee (or submit a fee waiver request) for each additional form you file. If you submit one payment for multiple benefit requests, we may reject your request.
- In most cases, a copy of a USCIS notice, if available, is acceptable evidence of a prior related filing. If you prefer to provide a copy of a completed prior application, petition, or request in support of a new filing, please be sure that the prior application, petition, or request is clearly marked as a “COPY” at the top of each page to ensure it is processed as intended.
Forms and Document Downloads
Instructions for Form I-290B (PDF, 252.24 KB)
Where to File
File your appeal or motion at the appropriate address listed on our Direct Filing Addresses for Form I-290B, Notice of Appeal or Motion page. Do not file Form I-290B directly with the Administrative Appeals Office.
When to File
Whether you can use Form I-290B to seek further review of an adverse decision first depends on:
- The benefit request that USCIS denied (for example: I-129, I-485, I-601, I-765, etc.); and
- Whether you wish to pursue a motion or an appeal.
You can find a complete list of USCIS benefit types (by form number) and whether you can file a motion or appeal, along with additional information about appeals and motions on the When to Use Form I-290B, Notice of Appeal or Motion webpage.
If you are eligible to file Form I-290B, in most cases, you must file your appeal or motion within 30 calendar days of the date of service of the adverse decision (or within 33 calendar days if we mailed the decision to you). However, if you are appealing a decision to revoke the approval of an immigrant petition under 8 CFR 205.2, you must file the appeal within 15 calendar days (or within 18 calendar days if we mailed the decision to you).
NOTE: If we sent you the decision by mail, the “date of service” is the date we mailed the decision, not the date you received it. See 8 CFR 103.8(b). Decisions are normally mailed the same day they are issued.
We will reject a late-filed appeal unless the office that issued the adverse decision determines that the untimely appeal meets the requirements of a motion to reopen or a motion to reconsider.
We will deny a late-filed motion, except we may excuse the failure to timely file a motion to reopen if we determine that the delay was reasonable and beyond your control.
Filing Fee
You can find the filing fee for Form I-290B by visiting our Fee Schedule page.
USCIS no longer accepts payments made by personal or business check, money order, or cashier’s check for forms filed by paper unless you qualify for an exemption. When filing by mail, you can pay by credit, debit, or prepaid card by completing Form G-1450, Authorization for Credit Card Transactions, or you can make a payment directly from a U.S. bank account by completing Form G-1650, Authorization for ACH Transactions.
If you qualify for an exemption from the requirement to use an electronic payment method, you will need to complete and file Form G-1651, Exemption for Paper Fee Payment, along with submitting the correct payment.
Before sending your package to USCIS, watch What and How to Pay for additional guidance on how to file at the USCIS Lockbox with the correct payment.
USCIS continues to accept payments made through Pay.gov for applications and petitions filed online.
Note: This news update should NOT be construed as a legal advice. Changes in immigration policies and procedures are complex and may require a consultation with an experienced immigration lawyer.
You can contact us at (+1) 202 600 7742, or email us at info@adhikarilaw.com if you will have any question on this topic. You can also reach us to learn about our legal services or complete the Form to request an Attorney Consultation.