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.