What Is Form I-290B and How Do I Appeal a Denied USCIS Petition?
TL;DR: Form I-290B, Notice of Appeal or Motion, is how you ask USCIS (or its Administrative Appeals Office) to reopen or reconsider a denied petition. You have 30 days from the date printed on the denial notice (33 days if it was mailed) to file, the fee is $675 under the current fee schedule, and you must choose between a Motion to Reopen (new evidence) and a Motion to Reconsider (USCIS got the law wrong) — or file both together.
Claim and evidence
The I-290B is not a court appeal — it stays entirely within USCIS. Depending on the case type, it goes either to the Administrative Appeals Office (AAO) or back to the office that issued the denial. A Motion to Reopen argues that new facts or evidence exist that weren't part of the original record. A Motion to Reconsider argues USCIS misapplied the law or regulations to the facts already on file. You can file both on the same form when a denial has both factual and legal problems.
Motion to Reopen vs. Motion to Reconsider
| Motion to Reopen | Motion to Reconsider | |
|---|---|---|
| What you argue | New facts/evidence not in the original record | USCIS made a legal or factual error |
| What you need | New documents or changed circumstances | A brief showing misapplied law or regulation |
| Best used when | Something changed, or key evidence was missing | The denial was wrong based on what was already filed |
Step-by-step: filing an I-290B
- Note the date printed on your denial notice — not the day you received it. That date starts your 30-day clock (33 days if mailed).
- Decide: reopen, reconsider, or both. Match your situation to the table above.
- Complete Form I-290B with the current version from uscis.gov.
- Write a substantive legal brief. The form itself is a cover sheet — the brief, citing the specific legal error or new evidence, is what actually drives the outcome.
- Pay the $675 filing fee (verify the current amount at uscis.gov/g-1055) or file Form I-912 for a fee waiver if you qualify; VAWA, T visa, and U visa petitions are fee-exempt.
- Mail to the correct office. Your denial notice specifies whether it goes to the AAO or the originating field office/service center — sending it to the wrong place costs you time you may not have.
FAQ
Can I file an I-290B without a lawyer? Yes, USCIS doesn't require representation, but the legal brief — not the form — determines whether the motion succeeds, so complex denials benefit from attorney help.
Does filing an I-290B stop deportation proceedings? No. The I-290B only affects the USCIS petition decision; it has no jurisdiction over an immigration judge's removal order, which goes through a separate BIA appeal process.
What happens if I miss the 30-day deadline? A late I-290B isn't automatically rejected, but USCIS has full discretion whether to accept it with a reasonable explanation — there's no guaranteed path for late filers.
Does filing an I-290B change my priority date? No. Your original priority date from the underlying petition carries forward if the motion is granted and the petition is approved.
Sources: USCIS Form I-290B instructions and AAO Practice Manual, Chapter 4 (Motions to Reopen and Reconsider).
By Pinal Dave Last updated: 2026-08-03