When an individual receives an unfavorable decision in his or her immigration case, he or she may file an Appeal or Motion on Form I-290B to have the Administrative Appeals Office (AAO) review that decision. The purpose of this request for review is to have another organization conduct the review, rather than the same body that issued a decision reviewing it and, consequently, reconsidering it.
At Jaskot Law, we believe that understanding these legal processes is of vital importance to any immigrant who has received an unfavorable decision in their case. Our team of experienced immigration attorneys are prepared to provide personalized attention for the favorable resolution of your case through immigration appeal.
What is Form I-290B?
Form I-290B, or Notice of Appeal or Motion, is a document administered by the U.S. Citizenship and Immigration Services (USCIS) that is used to appeal or file a motion to appeal a negative decision issued in an immigration case.
Basically, this form is a legal avenue by which an individual is allowed to request a review of the original decision and have it reconsidered. To do so, the stipulated steps and requirements must be complied with and additional arguments and evidence must be presented to demonstrate that the decision is incorrect or unfair.
When is the immigration appeal filed?
Once a decision unfavorable to the immigration case has been received, it is necessary to file the disagreement with the result within 30 days of the issuance of the decision. The Court of Appeals may then review the decision issued by the judge and contrast it with additional relevant evidence to make a new decision.
When can Form I-290B be used?
The U.S. immigration appeals process can be a complex and challenging procedure, but it is critical for those facing deportation or seeking to appeal an unfavorable decision related to their immigration status.
A person may request a Notice of Motion or Appeal in the following cases:
| Form filed with USCIS that received an unfavorable decision | Can the decision be appealed? | Can a motion to reopen the case be filed? |
| I-90 | No | Yes |
| I-102 | No | Yes |
| I-129 (E-1, E-2, E-3, TN, H-1B1) | No | Yes |
| I-129CW | Yes | Yes |
| I-129F | Yes | Yes |
| I-129, H-1B, H-2, H-3, L, O, P, Q, R | Yes | Yes |
| I-130 | Yes | Yes |
| I-131 | Yes | Yes |
| I-140 | Yes | Yes |
| I-191 | No | Yes |
| I-192 | No | Yes |
| I-193 | No | Yes |
| I-212 | Yes | Yes |
| I-290B | No | Yes |
| I-352 | Yes | Yes |
| I-360 | Yes | Yes |
| I-485 | No | Yes |
| I-526 | Yes | Yes |
| I-539 | No | Yes |
| I-589 | No | Yes |
| I-600/I-600A | Yes | Yes |
| I-601 | Yes | Yes |
| I-601A | No | Yes |
| I-602 | No | Yes |
| I-612 | Yes | Yes |
| I-687 | Yes | No |
| I-690 | Yes | Yes |
| I-698 | Yes | No |
| I-700 | Yes | No |
| I-730 | No | Yes |
| I-751 | No | Yes |
| I-765 | No | Yes |
| I-800 and I-800A | Yes | Yes |
| I-817 | No | Yes |
| I-821 | Yes | Yes |
| I-821D | No | No |
| I-824 | No | Yes |
| I-829 | No | Yes |
| I-881 | No | Yes |
| I-905 | Yes | Yes |
| I-910 | No | Yes |
| I-914 and I-914A | Yes | Yes |
| I-918 and I-918A | Yes | Yes |
| I-924 | Yes | Yes |
| I-929 | Yes | Yes |
| N-300 | No | Yes |
| N-400 | Yes | Yes |
| N-470 | Yes | Yes |
| N-565 | Yes | Yes |
| N-600 | Yes | Yes |
| N-600K | Yes | Yes |
| N-644 | No | Yes |
| Certificate cancelled pursuant to section 342 of the Immigration and Nationality Act. | Yes | Yes |
Processing time
The processing time for an immigration appeal can vary considerably due to different factors, but can take anywhere from 8 to 12 months, depending on the particular case. The waiting time for a resolution can also be affected by external factors and the place where you have filed the appeal. Therefore, it is highly advisable to file the immigration appeal as soon as possible. For more information on how long an immigration appeal takes, see our website.
Understanding the Form I-290B: how to fill it out?
Part One
In the first part of the document, the person filing Form I-209B must complete the following required fields:
- Name and surname, or name of the organization.
- Foreign registration number (if any)
- USCIS online account number (if any)
- Mailing Address
Part Two
In the second part of the form, the person must complete and indicate the following data:
- Indicate whether you wish to file a motion or an appeal to the AAO.
- Indicate what type of motion or appeal you are filing:
- Motion to reopen
- Motion for reconsideration
- Combined motion for reopening and reconsideration
- Provide additional information on the USCIS form that obtained the adverse decision, the receipt number for the motion or appeal, the nonimmigrant or immigrant classification sought, the date the adverse decision was issued, and the office that issued the decision.
Part Three
In this part, the person filing the form may use additional sheets of paper to set forth the new facts and evidence supporting his or her right to access the previously denied benefit. Please note that it is important that you add your name and the number of foreigners on each page and number them accordingly.
- Motion to reopen. Include and state the new facts and documentary evidence that support your right to access the requested benefit at the time you first filed the application.
- Motion for reconsideration. Include and demonstrate that the decision was based on an incorrect use of law or policy. Include citations, decisions, affidavits, USCIS regulations, among others.
Part Four
In this section, the applicant must indicate the case that applies to his application. The items to be selected detail whether you can read and understand the document in English, and that you have read each and every question on the form; that you have used an interpreter to read and answer the questions included in the document; or that you have requested that a person complete the form based on information provided by you.
How can an experienced attorney help in the immigration appeal process?
An experienced immigration attorney can be a key player in this complex legal process, where your future may be affected. An attorney can not only help you prepare and present the most compelling evidence to support your immigration appeal, but also help you compile all relevant documents for filing the Form I-209B.
The experienced immigration attorneys at Jaskot Law are skilled at helping immigrants navigate the complex world of U.S. immigration law. Through a personalized service, we analyze your particular case and provide you with effective solutions for your immigration process to the United States.
Frequently Asked Questions
What is Form I-290B?
Form I-290B is a document administered by the U.S. Citizenship and Immigration Services (USCIS) that is used to appeal or file a motion on a negative decision issued in an immigration case. This form allows the individual to request a review of the original decision and reconsideration.
When is the immigration appeal filed?
An immigration appeal must be filed within 30 days of the issuance of the unfavorable decision in the immigration case. Once the appeal is filed, the Court of Appeals may review the judge’s decision and contrast it with additional evidence to make a new decision.
When can Form I-290B be used?
Form I-290B can be used to appeal an unfavorable decision related to immigration status and in deportation cases. Depending on the form filed with USCIS that received an unfavorable decision, an appeal of the decision may be allowed or a motion to reopen the case may be filed.
How long does it take to process an immigration appeal?
The processing time for an immigration appeal can vary, but generally lasts between 8 and 12 months. However, this waiting time may be affected by external factors and the place where the appeal was filed. Therefore, it is recommended to file the immigration appeal as soon as possible.
Ana Aguirre Santos is an advanced student of the National Sworn Translator’s Degree in English at the National University of Córdoba (Argentina) where she specializes in legal and commercial translation. She has worked as a translator and copywriter for several websites, creating relevant and reliable content for a variety of users.
