Essential Information About USCIS Form I-290B

Form I-290B, officially known as the Notice of Appeal or Motion, is a critical document used by individuals or organizations seeking to challenge a decision made by U.S. Citizenship and Immigration Services (USCIS). This form serves as a pathway to appeal to the Administrative Appeals Office (AAO) or to request that USCIS reconsider or reopen a previous decision. For those navigating immigration processes, understanding this form can make the difference between moving forward with a case or facing delays and potential denials.

The process for filing appeals and motions can seem overwhelming, but it becomes manageable with clear guidance. This article breaks down the purpose, eligibility, timeline, and filing procedures for Form I-290B. We also address who cannot use the form and offer tips for successful submission. By the end, you’ll have a clear understanding of what Form I-290B involves and how to use it effectively.

What is USCIS Form I-290B?

The primary purpose of Form I-290B is to provide applicants or petitioners with a way to respond to USCIS decisions they believe are incorrect. The form allows individuals to:

• File an appeal with the Administrative Appeals Office (AAO), which reviews decisions made by USCIS that may involve errors in the application of immigration laws or policies.

• File a motion to reopen or reconsider a decision with the USCIS office that issued it.

Understanding these options is key to choosing the correct path. Appeals focus on legal or procedural errors in the original decision, while motions generally require new evidence or argue that the decision was based on incorrect facts.

Who Can File?

The right to file Form I-290B typically belongs to applicants or petitioners who submitted the original application or petition. In specific circumstances, certain beneficiaries, such as those affected by the revocation of an approved Form I-140 (Immigrant Petition for Alien Worker), may also file.

Common Uses

Form I-290B is most commonly used to:

• Appeal denials of immigration benefits, such as visa applications or status adjustments.

• File motions to reconsider or reopen cases due to new evidence or errors in the decision.

• For those facing adverse USCIS decisions, Form I-290B offers a structured way to seek review or correction.

When Should You File Form I-290B?

Timing is crucial when filing Form I-290B. Missing the deadline can result in rejection, leaving applicants with fewer options to challenge a decision.

Filing Timelines

In most cases, Form I-290B must be filed within 30 days of the decision’s issuance date. If USCIS mailed the decision, applicants are allowed 33 days to account for mailing time. For decisions involving the revocation of an immigrant petition under 8 CFR 205.2, the timeline is shorter: 15 days if served in person, or 18 days if mailed.

Extensions for Mailed Decisions

When the decision is mailed, USCIS considers the mailing date—not the delivery date—as the start of the filing period. This small distinction underscores the importance of acting promptly.

Importance of Timely Submission

Filing late can jeopardize your appeal or motion. While exceptions exist for motions to reopen, you must show that the delay was both reasonable and beyond your control. Timely submission ensures your case proceeds without unnecessary hurdles.

Who Cannot File Form I-290B?

While Form I-290B is versatile, there are clear restrictions on who may use it.

Restrictions

- Beneficiaries of petitions: In most cases, only the applicant or petitioner has the right to file. An exception exists for certain beneficiaries of Form I-140 if USCIS revokes the approval and invites the beneficiary to file a motion or appeal.

- Appeals under Board of Immigration Appeals (BIA) jurisdiction: Cases involving family petitions (e.g., Form I-130) or widow(er) petitions (Form I-360) fall under the BIA’s authority. These appeals require Form EOIR-29, not Form I-290B.

- Adam Walsh Act determinations: Discretionary decisions regarding “no risk” determinations cannot be appealed using Form I-290B. However, you can file a motion to request further review.

- Special Agricultural Worker or Legalization applications: These appeals require Form I-694, not Form I-290B.

 Alternatives for Ineligible Applicants

For individuals who cannot file Form I-290B, the appropriate path may involve a different form or legal process. Consulting with an immigration attorney can help determine the right approach.

How to File Form I-290B

Filing Form I-290B requires careful attention to detail and adherence to USCIS instructions. The process involves several key steps.

Steps for Filing

1. Determine whether to file an appeal or motion: Review the denial notice to understand your options. Appeals are typically used to challenge legal errors, while motions require new evidence or arguments.

2. Complete the form: Use black ink or type, ensuring all fields are filled out correctly.

3. Include a statement or brief: Clearly explain the basis for your appeal or motion. Attach supporting evidence if applicable. Sign and date the form: An unsigned form will be rejected.

Fees and Payment Methods

The filing fee for Form I-290B is listed on the USCIS Fee Schedule. As of now, the fee is non-refundable, even if the appeal or motion is unsuccessful. Payment methods include checks, money orders, and credit cards (using Form G-1450). Ensure payments are made to the U.S. Department of Homeland Security.

Filing Locations

Check the USCIS website for the correct address to send your form. Filing it in the wrong location can delay or invalidate your application.

Tips for Ensuring a Complete Submission

• Double-check that the form is the correct edition and that all pages are included.

• Verify that the fee is accurate and accompanies the form.

• Attach all required evidence and documentation in an organized manner.

By following these steps, you can file Form I-290B with confidence, avoiding common pitfalls that could jeopardize your case.

What Needs to Be Translated in Form I-290B?

Importance of Translations for Foreign Language Documents

If any document supporting your Form I-290B is in a language other than English, you must include a full English translation. USCIS requires this to ensure they can accurately review your evidence. Without proper translations, your form may face delays or rejection.

Requirements for Translations

Every translation must meet these standards:

• The translation must be complete and accurate, reflecting the original document.

• A certified translator must prepare the translation. The translator must provide a certification statement confirming their ability to translate the language into English.

• The certification should include:

  • The translator’s name.

  • A statement affirming their competency.

  • Contact information.

  • The translator's signature and the date.

Examples of Documents Requiring Translation

Common documents needing translation include:

- Personal documents: Birth certificates, marriage certificates, or divorce decrees.

- Legal records: Court decisions, criminal records, or judgments.

- Other supporting evidence: Affidavits, contracts, or financial statements.

Including accurate translations with certifications ensures USCIS can consider your evidence without issue.

Common Mistakes to Avoid

Avoid these common errors to improve the chances of your Form I-290B being accepted:

• Submitting Incomplete Forms Ensure every section of the form is filled out. Missing information may lead to rejection.

• Missing Deadlines Filing late often results in dismissal. Track your deadlines carefully and submit on time.

• Providing Incorrect or Insufficient Evidence Attach all relevant documents and ensure they support your appeal or motion.

• Omitting key evidence can weaken your case.

• Forgetting to Sign the Form An unsigned form will be rejected. Double-check that all signatures are included before submitting.

• Failure to Address All Grounds of Ineligibility If you are appealing, make sure your statement addresses every issue raised in the denial. Ignoring one point can result in dismissal.

Supporting Evidence and Documentation

Types of Evidence to Submit

The type of evidence you provide depends on whether you are filing an appeal or a motion:

• Supporting Briefs: These explain your argument and provide context for your appeal or motion.

• Additional Evidence: Include new information for motions to reopen or clarify existing evidence for motions to reconsider.

 How to Organize and Present Evidence Effectively

• Use a clear, logical order to organize documents.

• Label all evidence and refer to it clearly in your statement or brief.

• Include a cover letter summarizing the evidence provided.

 Where and When to Send Additional Evidence

For appeals: Send additional evidence directly to the AAO if submitting after your Form I-290B is filed.

For motions: Include all evidence when filing the form. USCIS requires complete submissions upfront for motions.

Organizing your evidence and submitting it correctly ensures your case is presented clearly.

What Happens After Filing Form I-290B?

USCIS Processing Steps

Once you file Form I-290B:

Initial Review: USCIS will check your form for completeness. Missing signatures or incorrect fees may result in rejection.

Eligibility Determination: USCIS evaluates whether you meet the requirements for an appeal or motion.

Possible Outcomes

Approval: If USCIS agrees with your appeal or motion, they may overturn the original decision.

Dismissal: USCIS may dismiss your case if it lacks merit or evidence.

Further Review: Appeals may be forwarded to the AAO for final determination.

 Notifications and Timelines for Decisions

USCIS will notify you in writing of their decision. Timelines vary based on case complexity, but you can check the status online or contact USCIS for updates.

Frequently Asked Questions (FAQs)

1. Can I File an Appeal and a Motion Together?

No. You must choose one. Filing both on the same form will lead to dismissal.

2. What Happens If I Miss the Deadline?

USCIS will reject late appeals. Motions may only be accepted if you can prove the delay was reasonable and beyond your control.

3. Is There a Difference in Filing Fees for Appeals and Motions?

No. The filing fee for Form I-290B is the same regardless of whether you are filing an appeal or motion.

4. Can I Withdraw My Form I-290B After Submission?

Yes. You may withdraw the form by notifying USCIS in writing. However, the filing fee is non-refundable.

Conclusion

Form I-290B provides a way to address unfavorable USCIS decisions. To succeed, ensure your submission is timely, complete, and well-supported with evidence. Seek legal advice if you’re unsure about any aspect of the process. Accuracy and organization are essential to a successful appeal or motion. By understanding these steps, you can navigate the process with confidence.