Form I-290BNotice of Appeal or Motion

Whether you can use Form I-290B to seek further review of an adverse decision first depends on:

The benefit request that USCIS denied (for example: I-129, I-485, I-601, I-765, etc.); and

Whether you wish to pursue a motion or an appeal.

You can find a complete list of USCIS benefit types (by form number) and whether you can file a motion or appeal, along with additional information about appeals and motions on the When to Use Form I-290B, Notice of Appeal or Motion webpage.

If you are eligible to file Form I-290B, in most cases, you must file your appeal or motion within 30 calendar days of the date of service of the adverse decision (or within 33 calendar days if we mailed the decision to you). However, if you are appealing a decision to revoke the approval of an immigrant petition under 8 CFR 205.2, you must file the appeal within 15 calendar days (or within 18 calendar days if we mailed the decision to you).

NOTE:  If we sent you the decision by mail, the “date of service” is the date we mailed the decision, not the date you received it. See 8 CFR 103.8(b). Decisions are normally mailed the same day they are issued.

We will reject a late-filed appeal unless the office that issued the adverse decision determines that the untimely appeal meets the requirements of a motion to reopen or a motion to reconsider.

We will deny a late-filed motion, except we may excuse the failure to timely file a motion to reopen if we determine that the delay was reasonable and beyond your control.

File your appeal or motion at the appropriate address listed on our Direct Filing Addresses for Form I-290B, Notice of Appeal or Motion page. Do not file Form I-290B directly with the Administrative Appeals Office.

Filing Tips for Form I-290B, Notice of Appeal or Motion

You must file a separate Form I-290B for each motion or appeal. If you submit other immigration benefit requests with your Form I-290B, you must include a separate filing fee (or submit a fee waiver request) for each additional form you file. If you submit one payment for multiple benefit requests, we may reject your request.

In most cases, a copy of a USCIS notice, if available, is acceptable evidence of a prior related filing. If you prefer to provide a copy of a completed prior application, petition, or request in support of a new filing, please be sure that the prior application, petition, or request is clearly marked as a “COPY” at the top of each page to ensure it is processed as intended.

Complete all sections of the form that apply to you. We will reject the form if it is the incorrect version, if the fee is incorrect or not paid, or if the following fields are left blank:

Part 1 – Information About the Applicant or Petitioner

Family Name or Complete Name of Business/Organization

Mailing Address

Note:  If you are the beneficiary of a revoked Form I-140 with a favorably adjudicated porting request, and we have advised you that you may file an appeal using Form I-290B, provide the information about you in Part 1.

Part 2 – Information About the Appeal or Motion

You must select only one box indicating that you are filing an appeal or motion, not both. If you select more than one box, we may reject your filing.

Filing Tips: Review our Tips for Filing Forms by Mail page for information on how to ensure we will accept your form.

Don’t forget to sign your form. We will reject any unsigned form.

For additional filing help, please visit the AAO Practice Manual.

You can find the filing fee for Form I-290B by visiting our Fee Schedule page.