What is Form I 290B?
Applicants with grounds to overturn a petition must submit Form I-290B to request a review by the USCIS. To be exact, an application will be filed and review by the Administrative Appeals Office (AAO) or a local branch of the USCIS including service centers and field offices.
To be eligible, applications must be categorized as one of the following:
An application must demonstrate an erroneous conclusion of law or act in the decision being appealed.
Motion to Reopen
An application must provide new evidence. The application should include supporting affidavits and/or supporting documents to establish grounds to reopen the motion.
Motion to Reconsider
An application must include citations to demonstrate the initial decision was incorrect at the time of the decision. Examples include precedent decisions, regulatory or policy changes, and citations to statutes.
Applicants are ineligible under the following circumstances.
- A beneficiary of the original petition. (e.g., child of the applicant whose petition was rejected)
- Applications designated to be filed with the Board of Immigration Appeals (BIA). Applicants who filed I-130: Petition for Alien Relative must file their petition for appeal with the BIA. Use Form EOIR-29. Notice of Appeal to the Board of Immigration Appeals to file an appeal.
- Applications designated to be filed with the Department of State. For example, applicants who filed DS-260: Immigration Visa & Alien Registration Application must go through the State Department. Other forms include DS-156, DS-156E, DS-156K, DS-117, DS-157, and DS-230.
- Special Agricultural Worker or Legalization applications. Use Form I-694, Notice of Appeal of Decision, Under Sections 245A or 210 of the Immigration and Nationality Act.
What are Form I-290B Instructions?
The filing fee for Form I-290B is $675. For applicants to waive the filing fee, the individual must qualify in the following criteria.
- Applicants under certain financial circumstances can file a fee waiver form (I-912) to waive the filing and biometric fees. An example of valid circumstance is an individual living at or below 150% of federal poverty guidelines.
- Iraqi or Afghan applicants who have worked for the U.S. government are exempt from the filing fee. An example is an interpreter who worked on behalf of the U.S. military.
To file, the applicant must file either directly or to a lockbox. For direct applications, review the petition reason at the USCIS website and file accordingly. If filing to the lockbox, follow the filing tips.
File your appeal or motion to the appropriate address listed on our Direct Filing Addresses for Form I-290B, Notice of Appeal or Motion page.
Who is Eligible for Form I-290B?
Form I-290B is only available to individuals who have already filed an appeal or motion with the United States Citizenship and Immigration Services (USCIS). This form is used to request a review of a decision made by the USCIS on a prior application or petition. Those eligible to file Form I-290B include applicants, petitioners, beneficiaries, and representatives who are aggrieved by a decision made by the USCIS.
What is the Latest Form I-290B Edition?
The latest edition of Form I-290B is Revision 08/19/20. This is the most up-to-date version and should be used when filing.
What are the Required Documents for Form I-290B?
The required documents for Form I-290B are:
1. A copy of the decision or order of the Board of Immigration Appeals (BIA), Administrative Appeals Office (AAO), or immigration judge from which you are appealing.
2. A copy of Form I-863, Notice of Appeal to the Board of Immigration Appeals or Form EOIR-26 if you are challenging an immigration judge decision.
3. Evidence in support of your appeal, such as affidavits, documents, and other relevant evidence.
4. Evidence concerning any change in circumstances since the decision or order was issued, if applicable.
5. Payment of the applicable fee.
6. Any other documents that may be required by the form instructions or the immigration official handling your case.
How to Submit Form I-290B?
Form I-290B, Notice of Appeal or Motion, is used to appeal a decision or to submit a motion to reopen, reconsider, or reconsider and remand with the United States Citizenship and Immigration Services (USCIS).
1. Gather all required documents. You must include the following documents when filing Form I-290B:
• The original decision you are appealing or the notice of action associated with the motion you are filing;
• Documents supporting your appeal or motion; and
• Fee or fee waiver request.
2. Complete Form I-290B. Complete Form I-290B by following the instructions listed on the form. Be sure to include all relevant information about your case, including your USCIS receipt number and other identifying information.
3. Submit Form I-290B. After completing Form I-290B, you may submit it in one of three ways:
• Mail your appeal or motion and supporting documents to the appropriate USCIS Lockbox facility;
• Send your appeal or motion and supporting documents to the appropriate address listed on the form instructions; or
• File online using the USCIS online form filing system.
For more information on submitting a Form I-290B, please visit USCIS’s website at www.uscis.gov.
What are the Filing Tips for Form I-290B?
1. Make sure to complete the form properly and accurately. Double-check your information and ensure you are signing in the designated areas.
2. Submit your I-290B form with a copy of the decision of your appeal or motion to reopen or reconsider.
3. Include a copy of the initial filing that was made in connection with the appeal or motion to reopen or reconsider.
4. Make sure you meet the deadlines for filing your Form I-290B.
5. Attach any supporting documents that may be needed to show your eligibility.
6. Include a check or money order of the appropriate amount made payable to the Department of Homeland Security.
7. Mail your completed form, necessary documents, and payment to the USCIS Lockbox facility based on where you live or your particular case.
Are There Special Instructions for Form I-290B?
Yes, there are special instructions for Form I-290B. The instructions provide information on who can file the form, when it must be filed, where it should be filed, what documents must accompany the form and how to pay the filing fee. Additionally, the instructions provide information on how to make corrections to the form and what to do if a request is denied. It is important to read and follow these instructions carefully when filing Form I-290B.
What is the Form I-290B Fee?
The Form I-290B fee is a filing fee required when appealing certain USCIS decisions to the Board of Immigration Appeals. The fee is currently set at $675, and must be paid at the time of filing.
Can I Apply for Form I-290B Fee Waiver or Reduction?
Yes, you can apply for a fee waiver or reduction for Form I-290B. To be eligible for a fee waiver or reduction, you must demonstrate that you meet one of the following criteria:
1. You are unable to pay the fee due to financial hardship;
2. You are an organization, federal agency, or other entity that is exempt from paying fees;
3. You are a refugee, asylee, or person admitted under DACA; or
4. You are in active military service and are filing on behalf of yourself, a family member, or a dependent.
To apply for a fee waiver or reduction, you must complete Form I-912 and submit it with your application or petition. The form must include evidence to establish that you meet one of the criteria listed above. After USCIS receives your fee waiver application, they will review it and make a decision on whether to approve or deny it.
What is the Form I-290B Processing Time?
The processing time for Form I-290B depends on the type of case and the workload of the USCIS office at the time the form is filed. Generally, processing times range from a few weeks to several months. Additionally, USCIS may ask a case filer to provide additional information or documents that can extend processing times. You can check the status of your case on the USCIS website.
Form I-290B Frequently Asked Questions
1. How do I know if I need to file Form I-290B?
You will need to file Form I-290B if you received a Notice of Appeal or Motion or Motion for Reconsideration/Motion to Reopen or Motion to Reopen and to Reconsider from the Board of Immigration Appeals (BIA) or the Administrative Appeals Office (AAO).
2. What information do I need to complete Form I-290B?
To complete Form I-290B, you will need to provide your biographic information, your case receipt number, the date of the decision you are appealing, and a short statement regarding your basis for requesting an appeal. Additionally, you may need to submit documents related to your case.
3. How much does it cost to file Form I-290B?
The filing fee for Form I-290B is $675, plus any applicable biometric fees.
4. How long does it take for USCIS to process Form I-290B?
USCIS typically processes Form I-290B within 180 days of receiving the form. However, processing times can vary significantly depending on the complexity of your case and other factors.
5. Can I file my appeal electronically?
No, you must submit your appeal by mail and include the required filing fee.