Instructions For Form I-290b - Notice Of Appeal Or Motion printable pdf download

Instructions for Notice of Appeal or Motion

USCIS

Form I-290B

Department of Homeland Security

OMB No. 1615-0095

U.S. Citizenship and Immigration Services

Expires 12/31/2018

What Is the Purpose of Form I-290B?

Form I-290B, Notice of Appeal or Motion, is used to file an appeal or motion to reopen or reconsider certain decisions

under the immigration laws.

When Should I Use Form I-290B?

Visit the U.S. Citizenship and Immigration Services (USCIS) website at

to view appeal and motion

eligibility by form type.

For most appeals and motions, Form I-290B must be filed within 30 calendar days after personal service of the decision,

33 calendar days if the decision was mailed. An appeal relating to a revocation of an immigrant petition must be filed

within 15 calendar days after personal service of the decision, 18 calendar days if the decision was mailed. The date of

service is normally the date of the decision.

Late filed appeals that do not meet the requirements for a motion to reopen or reconsider will be rejected. Late filed

motions may be dismissed, however, a late filed motion to reopen may be excused in the discretion of USCIS where it is

demonstrated that the delay was reasonable and beyond the applicant’s or petitioner’s control.

Form I-290B may be used in the following circumstances:

1. To file an appeal with the Administrative Appeals Office (AAO); or

2. To file a motion to reconsider and/or a motion to reopen with the AAO, a field office, or a service center.

Who May Not File Form I-290B?

1. Per Department of Homeland Security (DHS) regulations, the beneficiary of a visa petition that is denied or revoked

by USCIS MAY NOT file an appeal or a motion of that visa petition. Only an applicant or petitioner may file an

appeal or motion. Similarly, an attorney or Board of Immigration Appeals (BIA)-accredited representative MAY

NOT file an appeal or motion on the behalf of a beneficiary.

2. A petitioner whose Form I-130, Petition for Alien Relative, or Form I-360, Petition for Widow(er), was denied or

was revoked by USCIS MAY NOT use Form I-290B to file an appeal with the BIA. Instead, the petitioner or the

petitioner’s attorney or BIA-accredited representative must file Form EOIR-29, Notice of Appeal to the Board of

Immigration Appeals from a Decision of an Immigration Officer, in accordance with the instructions included in the

denial or notice of revocation.

For filing instructions of Form EOIR-29, visit the USCIS website at

or the Department of

Justice website at

3. Do not use this form to appeal a Department of State overseas consular officer’s denial of your visa application (for

example, Form DS-160, DS-156, DS-156E, DS-156K, DS-117, DS-157, DS-230, or DS-260). For information about

visa application denials, please reference the Department of State website.

4. Do not use this form to file an appeal on a Special Agricultural Worker (SAW) or Legalization Application. Appeals

on these case types must be filed on Form I-694, Notice of Appeal of Decision Under Sections 245A or 210 of the

Immigration and Nationality Act.

Form I-290B Instructions 04/10/17 N

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Instructions For Form I-290b - Notice Of Appeal Or Motion

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