What is I-290B Form, How To File For a Notice of Appeal or Motion

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Form I-290B | How To File For a Notice of Appeal or Motion

            Getting an unfavorable decision on your immigration application can be discouraging. But what if you think the decision was made unfairly? Form I-290B is useful in such circumstances where an applicant has received a denial from USCIS. With form I-290B, you get the chance to convince the Administrative Appeals Office that the immigration agency, USCIS, erred in their denial order. If successful, the AAO may allow you to continue your stay in the United States. Here are some vital things to keep in mind when filing form I-290B.

All You Need to Know To Complete Form I-290B

            Form I-290B can be filed by several categories of people. First, it can be prepared by the applicant seeking to file the appeal or a representative agency. In the case of an exchange visitor program denial, the school offering the exchange program can file the motion too. In other cases, an attorney representing the appellant will file the form or an employer may do it if it is an employment petition denial.

            It is worth noting that the petitioner or legal representative of the petitioner should have sufficient proof and reasons to seek an appeal. The beneficiary of the decision cannot file the appeal.

            Note: we are talking about appealing decisions of USCIS to the AAO. They are filed on Form I-290B unless you are trying to appeal a decision denying an I-130 or an I-360. In that case, the proper form is form EOIR-29. And, importantly, we are not talking about appealing a decision of an immigration judge ordering deportation. That appeal is to a different agency, the Board of Immigration Appeals, and filed on Form EOIR-26. Don’t file the wrong form! Since most appeals must be filed within 30 days, you may miss the deadline if you file the wrong form.

How To File And Where To File Form I-290B

            You can easily find this form on USCIS’s website. You should remember that you need to file this form within the first thirty days after getting your denial order. However, this can be done in 33 days if you got the order through the mail. Instructions on how to appeal and where to send the appeal should be outlined in the denial notice.

            Each form will cost you about $675 in filing fees and you can make the payment on the Pay.gov website. There are several ways to pay including using your credit cards, bank account, PayPal account, and even Amazon account. Once you complete the payment, you should submit the form together with supporting documents and proof of payment to the appeals office.

Frequently Asked Questions About Form I-290B

Are you a student applying for an exchange program? Or an employee seeking a work visa? It is not uncommon for your application to be denied for one thing or the other. If you believe you have a legitimate reason and enough proof, you can file an appeal to justify your stay in the country. Here are some commonly asked questions about form I-290B.

Do I use Form I-290B to appeal an order of deportation?

No. An appeal in immigration court is filed on Form EOIR-29. Again, we stress: don’t file the wrong form!

Is anyone allowed to appeal?

Yes, anyone can appeal an immigration agency’s decision. That said, not all appeals result in a win, which is why you should have sufficient reasons before filing the appeal.

Can an employee appeal an employment petition denial?

No. An employee is considered a beneficiary of the petition and cannot appeal the decision. Only the employer, through their attorneys, are allowed to appeal the denial.

What should I include in my arguments for the appeal?

Be sure to include all evidence and a summary of your arguments when making the appeal. These documents are useful since they will help you validate your arguments. If you have new evidence since your last case then you should not hesitate to include them too. You can even include the affidavits of your witnesses or professionals, if necessary.

Can I make oral arguments in the appeal?

Yes, you can request the AAO to grant you oral arguments but these requests are almost never granted. Oral statements are likely to cost time and money, which is why they are rarely accepted. That said, the board may consider your oral arguments if you have valid reasons.

How long will it take before I get a decision?

An average of a year. On their website, USCIS states that it takes an average of 180 days but most applications take one to two years before completion.

Let Us Fight For You

            The government won’t provide an attorney for your appeal, this is only reserved for criminal matters tried in the US. In this case, you need to get the services of experienced immigration attorneys who will fight tooth and nail for you. Luckily, we have competent immigration lawyers that will help you decide whether you need to appeal or reapply. Our attorneys are ready to help you file form I-290B just reach out. Call us today for a consultation. 

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