People often search for this issue as I-290B appeal, AAO appeal, motion to reopen, or motion to reconsider after receiving a USCIS denial. Form I-290B (Notice of Appeal or Motion) is commonly used to challenge certain USCIS decisions, and it must usually be filed within 30 days of the decision (or 33 days if the decision was mailed).
Form I-290B — AAO Appeal, Motion to Reopen, and Motion to Reconsider (USCIS Denial)
Form I-290B — AAO Appeal, Motion to Reopen, and Motion to Reconsider (USCIS Denial)
I-290B Immigration Appeal Details
If your immigration petition or application has been denied or revoked by the USCIS or DOL, you may have a valid basis for an appeal. Appeals are generally allowed where the government agency made a mistake of law or fact or there is new evidence that would make your case approvable. There are generally three avenues of appeal: Motion to Reopen, Motion to Reconsider and an Appeal. When an application is denied, the USCIS or DOL will send a notice to the Petitioner and describe which types of appeals are allowed for the particular case.
Motion to Reopen
A Motion to Reopen is generally employed where there are new facts, changed conditions or exceptional circumstances.
Motion to Reconsider
A Motion to Reconsider is generally employed where the government agency made a legal error or there is a change in the law.
For Whom Is an I-290B Immigration Appeal Appropriate?
Any Petitioner for an immigration benefit whose case was denied. Generally, the Petitioner has between 30-33 days to file an appeal but additional time to respond may be granted in certain cases. Failure to make a timely appeal renders the decision final.
I-290B Immigration Appeal Requirements
In order to file a successful immigration appeal, the Petitioner must timely file Form I-290B to USCIS or the AAO or in writing to BALCA. All appeals must provide a legal basis for the appeal to be sustained, Any appeal that fails to state a legal basis will be summarily dismissed.
I-290B appeal vs motion to reopen vs motion to reconsider (which one do you file?)
Form I-290B can be used in different ways depending on the type of decision and what you are trying to fix.
- Appeal (AAO appeal): used when you believe the decision was wrong and you want the Administrative Appeals Office to review it after the local office’s initial review process.
- Motion to reopen: used when you have new facts or new evidence that were not previously considered and that could change the outcome. Motions to reopen should be supported by documentary evidence.
- Motion to reconsider: used when you believe USCIS applied the law or policy incorrectly or the decision contains a legal or factual error based on the existing record. Motions to reconsider focus on legal argument and citations.
Some cases use a combined motion (reopen and reconsider) when both new evidence and legal argument are needed. The best approach depends on the denial reason, what evidence exists, and what type of review is available for that specific case type.
What to include with Form I-290B (evidence and argument checklist)
Strong I-290B filings are organized around the denial reason and the exact standard for the type of filing (appeal, motion to reopen, or motion to reconsider).
Common items to include:
- A copy of the denial (or revocation) notice and any related RFEs/NOIDs
- A clean timeline of the case (filing history, notices, deadlines, and key facts)
- If filing a motion to reopen: new facts and supporting documentary evidence (records, letters, affidavits, corrected documents, or newly available proof)
- If filing a motion to reconsider: a clear legal argument explaining what USCIS got wrong, with citations to statutes, regulations, and USCIS policy where applicable
- A concise cover letter that maps each denial point to the evidence or legal argument responding to it
- Any exhibits organized and labeled so an officer can find the proof quickly
Because I-290B is deadline-driven, the safest approach is to start with the denial notice, identify the exact grounds for denial, and build the response packet around those points.
Frequently asked questions about Form I-290B (appeals and motions)
What is Form I-290B?
Form I-290B is the Notice of Appeal or Motion used to challenge certain USCIS decisions through an appeal or a motion to reopen or reconsider.
What is the deadline to file an I-290B?
An I-290B must usually be filed within 30 days of the decision, or 33 days if the decision was mailed.
What is the difference between an appeal and a motion?
An appeal asks for review by the Administrative Appeals Office (AAO) after the local office’s initial review. A motion asks the deciding office to reopen or reconsider based on new evidence (reopen) or legal error (reconsider).
What is a motion to reopen?
A motion to reopen is based on new facts or new evidence that were not previously considered and that could change the outcome. It should be supported with documentary evidence.
What is a motion to reconsider?
A motion to reconsider argues that the decision was incorrect based on the existing record because USCIS applied the law or policy incorrectly or made a legal or factual error.
Can I file a combined motion?
Some cases use a combined motion to reopen and reconsider when both new evidence and legal argument are needed.
What documents should I include with an I-290B?
A copy of the decision, a clear timeline, organized exhibits, and a cover letter that directly addresses the denial reasons are commonly important.
How long does an I-290B take?
Timelines vary by case type and whether the matter is resolved during initial field review or forwarded for AAO review. A complete, well-organized filing helps reduce delays.
USCIS Memo Relating to Appeals
| Date | Title | Details |
|---|---|---|
| November 4, 2015 | Initial Field Review of Appeals to the Administrative Appeals Office | This policy memorandum provide guidance on the proper processing of appeals to the Administrative Appeals Office (AAO). |
