Updated November 4, 2026

Form I-290B: motion to reopen, reconsider or appeal a USCIS denial

Form I-290B, Notice of Appeal or Motion, lets you ask the Administrative Appeals Office (AAO) to review an eligible USCIS denial, or ask the USCIS office that denied your case to reopen or reconsider its decision. Per the USCIS Fee Schedule (Form G-1055), the general filing fee is $800, and in most cases you must file within 30 calendar days of the decision date (33 calendar days if USCIS mailed the decision).

Not every denial can be appealed on Form I-290B: standard Form I-485 and Form I-751 denials allow motions only, and Form I-130 appeals go to the Board of Immigration Appeals on Form EOIR-29.

What is Form I-290B and when does it apply?

Form I-290B (Notice of Appeal or Motion) is the USCIS form used to challenge an unfavorable immigration benefit decision. According to the USCIS Form I-290B instructions, it serves two primary purposes: filing an appeal with the Administrative Appeals Office (AAO) to ask a higher authority for review, or filing a motion with the specific USCIS office that issued the latest decision in your case (whether a field office, a service center, or the AAO itself). USCIS notes in its Appeals and Motions Q&A that you may file a motion to reopen or reconsider even if your underlying case is not eligible for an appeal.

Only the person with legal standing in the proceeding may file Form I-290B. Under 8 CFR 103.3, this means the applicant or the petitioner who filed the underlying form, not the beneficiary. The main exception applies to a Form I-140 beneficiary whose approved employment-based petition was revoked after USCIS approved a job portability request under INA section 204(j) (with a Form I-485 pending for 180 days or more).

Under 8 CFR 103.5, filing a motion or an appeal on Form I-290B does not pause the execution of any decision in your case, and it does not extend a previously set departure date.

• Do not use Form I-290B to appeal a US embassy or consulate visa refusal (such as a DS-160 or DS-260 denial).
• Do not use Form I-290B to appeal an Immigration Judge's decision or an order from the Board of Immigration Appeals.
• Do not use Form I-290B to appeal a Special Agricultural Worker or Legalization denial (those use Form I-694, which has a $1,125 fee).
• Do not use Form I-290B to appeal a discretionary 'no risk' determination under the Adam Walsh Act (you may only file a motion to reopen or reconsider on Form I-290B).

Motion to reopen vs motion to reconsider vs AAO appeal

When you fill out Part 2 of Form I-290B, you must pick either an appeal or a motion. You cannot check both an appeal box and a motion box on the same form, or USCIS may reject your filing. Here is how the three options compare under 8 CFR 103.3 and 8 CFR 103.5:

A motion to reopen is about new facts not previously submitted in your case. Repeating earlier arguments or resending documents already in the file does not count. Your new evidence must prove you were eligible for the benefit at the time you originally filed the underlying application or petition. If USCIS denied your application due to abandonment (such as a missed Request for Evidence or interview), you cannot appeal under 8 CFR 103.2(b)(15), but you can file a motion to reopen under 8 CFR 103.5(a)(2) if your evidence proves one of four things:

• The requested evidence was not material to the issue of eligibility.
• The required initial evidence was already submitted with your original application or petition.
• You complied with the request for appearance or additional evidence during the allotted time period.
• The request for evidence or appearance was sent to an address other than the one on your application or notice of representation, or you notified USCIS in writing of an address change before the request was sent and USCIS did not send it to the new address.

Combined motions and initial field review on AAO appeals

A motion to reconsider argues that, based on the documents already in your file on the day of the denial, the decision misapplied a statute, regulation, or precedent decision (no new evidence is considered). If you want to submit both new facts and legal arguments, Part 2 Item 2.c lets you file a combined motion to reopen and motion to reconsider on a single Form I-290B. USCIS evaluates each part separately and can grant both, grant one and dismiss the other, or dismiss both.

When you file an eligible AAO appeal, it does not go straight to Washington, DC. Under 8 CFR 103.3(a)(2), the USCIS office that denied your case first conducts an 'initial field review.' Within 45 days of receiving your appeal, the reviewing officer can treat your appeal as a motion to reopen or reconsider and approve your case locally. However, the Form I-290B instructions warn that if you do not submit supporting evidence concurrently with your appeal, the local office will not treat your appeal as a motion to reopen before forwarding the file to the AAO.

Which denials cannot be appealed on Form I-290B? (I-485, I-130, I-751 and N-400 rules)

Many applicants look up their options after a USCIS denial only to find that their specific form cannot be appealed to the AAO. The USCIS 'When to Use Form I-290B' eligibility chart sets strict boundaries on which forms allow an AAO appeal versus a motion only, or require a different appeal form:

Form I-485 (Adjustment of Status). If your green card application was denied after your Form I-485 adjustment of status, you generally cannot appeal to the AAO. You can only check Box 2.a, 2.b, or 2.c in Part 2 to file a motion to reopen, reconsider, or a combined motion with the office that denied your I-485. Narrow AAO appeal exceptions apply only to I-485s denied solely for failure to prove a bona fide marriage while in proceedings, or applications filed under U or T nonimmigrant status, Section 13 (diplomats), the LIFE Act (appeal only, no motion), or certain Indochinese refugee laws.

Form I-130 (Petition for Alien Relative). The AAO has no jurisdiction over Form I-130 family petitions (or Form I-360 widow(er) petitions). To appeal an I-130 denial, the petitioner must file Form EOIR-29 ($1,060 fee per Form G-1055) to go to the Board of Immigration Appeals (BIA). However, the petitioner can use Form I-290B ($800 fee) to file a motion to reopen or reconsider the I-130 denial with the local USCIS office.

Form I-751 (Petition to Remove Conditions on Residence). Neither Form I-751 nor Form I-829 (for investors) has an administrative appeal. Instead, when USCIS places the conditional resident in removal proceedings, an Immigration Judge can review the denial during those proceedings. You can, however, file a motion to reopen or reconsider the I-751 denial with USCIS using Form I-290B.

Form N-400 (Application for Naturalization). If you receive a denial after getting your N-400 citizenship interview questions, the standard appeal is Form N-336 (Request for a Hearing on a Decision in Naturalization Proceedings), filed within 30 days (33 days if mailed), which grants a new hearing and lets you retake a failed English or civics test. The filing fee for Form N-336 is $830 for paper filing and $780 for online filing. However, if a USCIS field office denied your N-400, you may also file a motion to reopen or reconsider on Form I-290B with the fee. If you file Form N-336 late, USCIS can treat your untimely N-336 as a motion without a separate Form I-290B. And if your N-400 was administratively closed solely because you missed your initial interview, you can submit a written request to reopen without a fee, and neither Form I-290B nor Form N-336 is required.

Form I-290B filing deadlines and worked example

Deadlines for Form I-290B are counted in calendar days (including weekends and holidays). Under 8 CFR 103.8(b) and the Form I-290B instructions, the countdown begins on the 'date of service,' which is the date USCIS mailed or issued the decision, not the day it arrived in your mailbox. Because USCIS normally mails decisions the same day they are issued, you get an extra 3 calendar days when the decision is mailed:

• Standard denials (appeals and motions): 30 calendar days from the date of service, or 33 calendar days if USCIS mailed the decision to you.
• Revocations of approved immigrant petitions (appeals under 8 CFR 205.2): 15 calendar days from the date of service, or 18 calendar days if USCIS mailed the revocation decision to you.
• Subsequent appeal briefs sent to the AAO: If you check Box 1.b in Part 2 to send your appeal brief later, you must submit it directly to the AAO within 30 calendar days of filing your appeal.

Worked example: Suppose USCIS issues a written denial on your Form I-485 dated October 1 and mails it to your home, where you open it on October 7. Because the decision was mailed, you have 33 calendar days from the date of service (October 1), not from October 7. Counting 30 days in October (October 2 through October 31) plus 3 days in November puts your 33rd calendar day on November 3. Under 8 CFR 103.2(a)(7)(i), USCIS records a filing as of the actual date of receipt at the designated filing location, so your Form I-290B package must arrive at the USCIS Lockbox on or before November 3. If instead USCIS mailed a decision revoking an approved immigrant petition under 8 CFR 205.2 dated October 1, you have 18 calendar days from October 1, meaning USCIS must receive your appeal on or before October 19.

Under 8 CFR 103.3(a)(2)(v)(B), USCIS must reject an untimely appeal and will not refund the filing fee. However, if a late appeal meets the requirements of a motion to reopen or reconsider, the issuing office must treat it as a motion and decide it on the merits. For motions, USCIS dismisses or denies a late motion to reconsider, and denies a late motion to reopen unless USCIS determines in its discretion that the delay was both reasonable and beyond your control.

Form I-290B filing fee, exemptions and fee waivers

Per the USCIS Fee Schedule (Form G-1055, edition 10/26/26), the general filing fee for Form I-290B is $800. You must file a separate Form I-290B and pay a separate $800 fee for each application or petition you are challenging.

Compared with the fees on Form G-1055, an $800 motion on Form I-290B costs $640 less than refiling a standard paper Form I-485 ($1,440 for applicants over age 14), $260 less than appealing a Form I-130 denial to the BIA on Form EOIR-29 ($1,060), and $30 less than a paper Form N-336 ($830).

If you do not qualify for a $0 exemption below, you may request a fee waiver using a paper Form I-912 (Request for Fee Waiver) if the underlying application or petition had no fee or was eligible for a fee waiver. When mailing Form I-290B with a fee, Form G-1055 states you can pay by credit, debit, or prepaid card using Form G-1450, by ACH bank transfer using Form G-1650, or with a paper payment if you qualify and attach a signed Form G-1651. Under 8 CFR 103.2(a)(7)(ii)(D), if a credit card is declined for any reason, USCIS will not resubmit it and may reject your filing. Form G-1055 lists a $0 filing fee exemption (no Form I-912 required) for these categories:

• Conditional permanent residents filing a waiver of the Form I-751 joint filing requirement based on battery or extreme cruelty.
• Violence Against Women Act (VAWA) self-petitioners, Special Immigrant Juveniles (SIJ), T nonimmigrant status applicants, and U nonimmigrant status petitioners (including derivatives), for any benefit request filed before adjustment of status or a motion on Form I-485 and an associated ancillary form.
• Special Immigrant Visa (SIV) applicants or recipients who served as Afghan or Iraqi translators/interpreters, Iraqi nationals employed by or on behalf of the US government, or Afghan nationals employed by or on behalf of the US government or ISAF (including derivatives), plus abused spouses or children under the Cuban Adjustment Act (CAA) or HRIFA, for any benefit request before adjustment or a motion on Form I-485.
• First-time Form I-290B filers challenging a parole request (Form I-131) filed on behalf of an Afghan national outside the US that was denied between August 1, 2021, and September 30, 2023.
• Sileiri Doe v. DHS class members filing a motion to reopen or reconsider an adverse USCIS decision (excluding parole-based employment authorization) issued between April 1, 2025, and April 21, 2026, resulting from the April 2025 CBP One parole termination emails (no deadline applies. Write 'Sileiri Doe' at the top of Form I-290B and select a motion box, not the appeal box).

How to complete Form I-290B and what to file with it

USCIS uses the 05/31/24 edition of Form I-290B. Make sure every page comes from the 05/31/24 edition and shows the page number and edition date at the bottom. Use this step-by-step checklist from the Form I-290B instructions to avoid an automatic lockbox rejection:

• Part 1 (Information About the Applicant or Petitioner): Enter the full legal name (Item 1) or business name (Item 3) and mailing address (Item 6). Leaving Family Name/Business Name or Mailing Address blank causes an automatic rejection. VAWA, T, U, or Special Immigrant Juvenile filers may list a safe or alternate mailing address in Item 6.
• Part 2 (Information About the Appeal or Motion): Select only ONE checkbox across Items 1.a through 2.c (never both an appeal and a motion). Enter only ONE underlying form number (Item 3) and ONE receipt number (Item 4), plus the decision date (Item 6) and issuing office (Item 7).
• Part 3 (Basis for the Appeal or Motion): Provide your written statement in Part 3 (using Part 7 or signed continuation sheets if needed). On an appeal, you MUST identify the specific erroneous conclusion of law or statement of fact in Part 3 when filing, even if you check Box 1.b to send a brief within 30 days. Address every ground of denial, or unaddressed issues may be deemed waived.
• Mandatory Judicial Proceeding Statement (All Motions): Under 8 CFR 103.5(a)(1)(iii)(C), every motion must include a statement on whether the unfavorable USCIS decision is, or has been, the subject of any judicial proceeding (and if so, the court, nature, date, and status or result).
• Part 4 (Signature): Sign in handwritten ink (a photocopy, fax, or scan of an original handwritten ink signature is valid, but typed or stamped names are rejected). Complete Parts 5 and 6 if you used an interpreter or preparer.
• Supporting Brief, Evidence, Translations, and Form G-28: For motions, include your brief, affidavits, and all new documentary evidence concurrently with Form I-290B. Send legible photocopies (mark any prior application 'COPY' at the top of each page). Include a full certified English translation for any foreign-language document, and attach a signed Form G-28 if represented by an attorney (if an attorney files an appeal without a proper G-28, the fee is not refunded under 8 CFR 103.3).

Where to file Form I-290B and how long processing takes

Never mail Form I-290B or your filing fee directly to the Administrative Appeals Office (AAO). Mail your initial Form I-290B package to the designated USCIS Lockbox or filing address on the USCIS 'Direct Filing Addresses for Form I-290B' page. USCIS updated its Form I-290B filing locations on October 7, 2026 (with a 30-day grace period accepting forms postmarked on or before November 9, 2026, at prior locations), so verify the exact address on uscis.gov before mailing. Only subsequent appeal briefs or evidence submitted within 30 days after filing an appeal go directly to the AAO.

For motions to reopen or reconsider, the USCIS Appeals and Motions Q&A states that field offices and service centers try to adjudicate motions within 90 days (while the AAO strives to complete motions on AAO decisions within 180 days). If your motion has been pending over 90 days at a field office or service center, you may call the USCIS Contact Center at 800-375-5283 to request a service request.

For AAO appeals, the deciding USCIS office has up to 45 days from receipt for initial field review, after which the AAO strives to complete appellate review within 180 days of receiving a complete case record. In the AAO Processing Times report for FY26 Q4 (July through September 2026), the AAO completed 780 total cases and finished 80.6% within 0 to 180 days. From that FY26 Q4 table, the AAO finished 100% of its 50 Form I-129 and I-129F nonimmigrant worker and fiancé(e) appeals within 180 days. It also finished 98.2% of its 329 Form I-140 employment-based cases within 180 days (including 97.4% of 155 EB-1A cases and 99.3% of 141 NIW cases). By comparison, 180-day completion rates were 50.9% for Form I-601 waivers (55 cases), 58.1% for Form I-360 VAWA petitions (43 cases), 61.5% for Form I-485 U-visa adjustments (39 cases), and 29.2% for Form N-600 appeals (24 cases).

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