How to file Form I-290B Immigration Appeal or Motion For Immigration Benefits Denial

Form I-290B, Immigration Lawyer Springfield
November 21, 2016

What is the purpose of Form I-290B Notice of Immigration Appeal or Motion?

Form I-290B, Notice of Immigration Appeal or Motion is used to file for an appeal or motion that reopens a decision that was made under immigration laws, or asks the court to reconsider a decision.

When should you use Form I-290B Immigration Appeal?

Form I-290B Immigration Appeal is used under several circumstances.  It is used to file an appeal with the Administrative Appeals Office (AAO).  It is also used to file a motion to reopen or reconsider a decision from the AAO, service center or an immigration field office.  This includes decisions under the Northwest Immigrant Rights Project and the Special Immigrant Juvenile Perez-Olano Settlement Agreement.

Only petitioners and applicants can file an appeal. Beneficiaries cannot file an appeal or motion.  You cannot use this form to appeal a Form I-601a or I-821D.  Petitions for Alien relative, Form I-130, and Petitions for Widow/Widower, Form I-360, cannot file an I-290B.  To appeal these an attorney or representative must file an EOIR-29.  To appeal a Special Agricultural Worker or Legalization Application do not use Form I-290B instead use I-694.  Appeals to the Department of State also cannot use I-290B.

If you have an Immigration Application or Case that has been denied you should consult an experienced Immigration Lawyer in Springfield, VA for help with filing a Form I-290B Notice of Immigration Appeal or Motion before USCIS. An Immigration Lawyers in Springfield, VA is minutes away from surrounding cities of Annandale, VA, Alexandria, VA, Arlington, VA  and Fairfax,VA. Hiring an immigration lawyer for your immigration appeal form I-290B ensures that you appeal is filed correctly and timely.

What type of personal Information is required on Form I-290B Notice of Immigration Appeal or Motion?

Section 1 of Form I-290B Immigration Appeal requests your personal information.  The personal information required consists of:

  1. Family/Last Name
  2. Given/First Name
  3. Middle Name
  4. Name of Business (if any)
  5. Alien Registration Number
  6. Receipt Number
  7. USCIS ELIS Account Number
  8. In Care of (if any)
  9. Street Number and Name
  10. Apt/Ste/Flr Number
  11. City or Town
  12. State
  13. ZIP Code
  14. Postal Code
  15. Province
  16. Country
  17. Daytime Phone Number
  18. Mobile Phone Number (if any)
  19. E-mail Address (if any)
  20. Fax Number (if any)

If I have an attorney or representative filing on my behalf is there any additional information they need to provide?

If you have an attorney or representative filing your I-290B Notice of Immigration Appeal or Motion on your behalf they will need to complete section 2 of the form.

First, check the box agreeing that you are an attorney or representative accredited by the Board of Immigration Appeals (BIA).  Next provide your full legal name and the full name of your business or organization.  Then include your phone, mobile, and fax numbers, along with your E-mail address.

It is also important to remember that you must attach a new Form G-28 notice of appearance even if you already submitted a G-28 with the original petition.

What Information about the appeal or motion to reopen or reconsider do I need to include?

Section 3 requests that you describe what type of immigration appeal or motion you are submitting.  There are a total of 6 options.  If you are filing an appeal you must select 1 of 3 choices.  Pick from either an appeal with additional evidence attached, an appeal with additional evidence to be submitted within 30 days or an appeal that will have no further evidence submitted.  If you wish to file a brief with your appeal you must submit it within 30 days.  Briefs and additional evidence submitted separately from the I-290B Immigration Appeal should be sent to:

  • USCIS Administrative Appeals Office
  • U.S. Citizenship and Immigration Services
  • 20 Massachusetts Avenue, Nw, MS2090
  • Washington, DC 20529-2090

Include a reference to the immigration appeal that it is being submitted for.

If you are filing a motion you must also select 1 of 3 choices.  Pick from either a motion to reopen with additional evidence attached, a motion to reconsider with a brief attached or a motion to reopen and reconsider with a brief or additional evidence attached.

It is important to note that you can only select 1 of the above options.  If you select more than 1 your Form 290B Notice of Appeal or Motion will be denied.

Section 4 asks for the basis for your appeal or motion.  You must provide a basis for your appeal or motion.  Your statement regarding the basis for your appeal or motion must be on a separate piece of paper with your A-Number or USCIS ELIS Account Number Written at the top.

If you are filing an appeal state specifically what incorrect or erroneous conclusion of law or fact that is the basis for your appeal.  In the case of an appeal you can request to make an oral argument to the Administrative Appeals Office.  If you wish to do this you must attach a letter to your Form I-290B Notice of Immigration Appeal or Motion detailing why you cannot adequately request your appeal in writing.  If the Administrative Appeals Office grants your request for an oral argument they will contact you about setting a date to make your argument.  Note that you will have to supply your own interpreter if you need one when you make your oral argument.

If you are filing a Motion to Reopen you must include new facts supported by affidavits or documentary evidence.

If you are filing a Motion to Reconsider your statement must include citations to statutes, regulations and precedent setting decisions to demonstrate that the decision being reconsidered was based on incorrect application of the law and that based on the evidence of record at that time, the decision was incorrect.

Form I-290B Immigration Appeal is a form that can be used to appeal a range of immigration denials or issues. The immigration appeal process requires detail evidence, supporting documents, and affidavit to convince USCIS to grant your immigration appeal. It is vital that an immigration lawyer is consulted with before your file your form I-290B Immigration Appeal or Motion. If you are located in Northern Virginia then an immigration lawyer who is minutes away from Annandale VA, Alexandria VA, Arlington VA, Fairfax VA or Springfield Va can offer you a consultation to discuss your case in person.

Are copies of documents acceptable as evidence for your immigration appeal or motion?

Copies of original documents are generally acceptable unless it is specifically stated that an original is required.  Remember to make sure all copies are legible.  Unless specifically required, original documents submitted may become part of the record and be non-returnable.

Do you need to include translations with your I-290B Immigration Appeal?

Any document submitted with your I-290B Immigration Appeal that contains information written in a foreign language must include an English translation.  In addition, a translator must certify that the translation is accurate and that they are competent to make the translation.

Are there any specifications you need to know to fill out Form I-290B Immigration Appeal?

To fill out Form I-290B first remember to type or print in black ink.  Be sure to answer every question completely.  If an item is not applicable leave it blank.  If you need extra space to answer a question include a continuation sheet with the name and Alien Registration Number of the petitioner or applicant.  Include a Receipt Number for the underlying petition if you are filing the I-290B Immigration Appeal electronically.

Is there a filing fee for form I-290B Immigration Appeal or Motion?

There is a $630 filing fee for Form I-290B Notice of Immigration Appeal or Motion.  The filing fee can be submitted as a check or money order drawn on a bank or financial institution located in the United States and in U.S. currency.  The check or money order should be payable to the “U.S. Department of Homeland Security”.  Do not use any abbreviations.  If you pay by check you will not receive your original check back.  The check will be converted into an electronic debit payment and then destroyed.  If you live outside the U.S.A. the instructions may differ.  Contact the nearest U.S. Embassy or Consulate for payment instructions.  USCIS fees change periodically.  To ensure that your fees are correct visit www.uscis.gov, or call 1-800-375-5283 or 1-800-767-1833 for the hearing impaired.

Are there any circumstances where the fees for I-290B Immigration Appeal can be waived?

The fee for I-290B Immigration Appeal can be waived if the petitioner can show that they are unable to pay and the immigration request that is being challenged did not require the petitioner or applicant to pay a fee or could have been waived.

The fee can also be waived if you are challenging a denial of a special immigrant visa for a Special Immigrant Iraqi or Afghan national who worked for the U.S. Government in Iraq or Afghanistan.

If you wish to apply for a fee waiver you must fill out Form I-912, Request for Fee Waiver along with evidence of your inability to pay.

Where do you file the I-290B Notice of Appeal or Motion?

There are different addresses to file your I-290 Notice of Appeal or Motion depending on what type of Appeal or Motion you are filing.  Go to https://www.uscis.gov/i-290b-addresses to find out the specific address that you need to file.

Is there a time limit on when a Form I-290B Notice of Appeal or Motion can be filed?

Typically there is a 30 day limit after the service of the decision being challenged to file the I-290B.  This extends to 33 days if the decision was mailed.  An appeal of an immigrant petition is only 15 days after service or 18 days if it was mailed.  Late filed appeals will usually be rejected.  Late filed motions may be rejected, however, it can be excused at the discretion of the USCIS if it can be shown that the delay was reasonable and out of the applicant’s control.

Are there any further instructions for filing Form I-290B Notice of Appeal or Motion?

Remember that you or your legal Representative must sign and date your Form I-290B.  You must also remember to inform the USCIS of any address changes that occur while the Form I-290B is being processed.  To file an address change submit a Form AR-11.  You should also send notice to the AAO at:

USCIS Administrative Appeals Office

U.S. Citizenship and Immigration Services

20 Massachusetts Avenue, Nw, MS2090

Washington, DC 20529-2090

 

If you have any additional questions about how to file your Form I-290B Notice of Immigration Appeal or Motion contact the USCIS at www.uscis.gov or call 1-800-375-5283 or 1-800-767-1833 for the hearing impaired.

LINK To Form I-290B