Form I-290B, Notice of Appeal or Motion, is filed by applicants or petitioners to challenge an unfavorable USCIS decision. It serves three purposes: filing an appeal with the Administrative Appeals Office, filing a motion to reopen based on new facts and evidence, or filing a motion to reconsider based on an incorrect application of law. Only the applicant or petitioner may file, not the beneficiary of a petition.
The form requires the receipt number, decision date, and issuing office for the case being challenged, along with a written statement identifying the specific legal or factual error, or the new evidence supporting the request. Deadlines are strict, typically 30 or 33 days from the decision, and missing one generally forecloses the challenge entirely. A brief may be filed with the form or submitted separately within 30 days.
An appeal or motion succeeds or fails on the strength of the legal argument, and USCIS deems unaddressed grounds of ineligibility waived if the statement doesn’t cover them. Immigration Professional Association analyzes the denial, identifies every ground that must be addressed, and builds a targeted brief designed to meet the applicable standard for appeal or reconsideration.
Most appeals and motions must be filed within 30 days of the unfavorable decision, though certain cases carry shorter windows. USCIS generally will not accept a late filing absent narrow exceptions, meaning a missed deadline can permanently close off the challenge.
If a denial lists multiple grounds of ineligibility and the appeal or motion statement doesn't address all of them, USCIS treats the unaddressed grounds as waived, and a waived ground alone can sink an otherwise strong appeal. Reviewing the decision line by line to ensure every stated basis gets a direct response is essential before filing.
An appeal argues the deciding office misapplied the law or facts to the existing record, while a motion to reopen requires new evidence and a motion to reconsider requires showing legal or policy error, and only one option may be selected per filing.
Before submitting your application, always confirm that you are using the most recent edition of the form available from USCIS.gov. Filing outdated forms may result in rejection.
An analysis of the USCIS decision to determine whether an appeal, motion to reopen, or motion to reconsider offers the strongest path forward. Average budget: $0–$400.
Complete preparation and timely filing of Form I-290B with the required statement addressing all grounds of ineligibility. Average budget: $1,500–$3,500.
Development of a detailed legal brief supporting an AAO appeal, addressing errors of law or fact in the underlying decision. Average budget: $3,000–$7,500.
Preparation of a motion to reopen supported by new factual evidence establishing eligibility as of the original filing date. Average budget: $2,500–$6,000.
Preparation of a motion to reconsider identifying incorrect application of law or policy, supported by relevant precedent. Average budget: $2,500–$6,000.
Tracking of the applicable filing deadline and coordination of timely submission to the correct USCIS office or AAO. Average budget: $300–$800.
Guidance on next steps following an AAO decision, including further motions, alternative filings, or federal court options where applicable. Average budget: $800–$2,000.
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