You file USCIS Form I-290B to ask the agency to look at a denied or revoked immigration decision a second time. The form lets you file an appeal to the Administrative Appeals Office (AAO), a motion to reopen, or a motion to reconsider, depending on what went wrong with your case.
The deadline is short, and one missed step can end your case for good. The current filing fee is $675, set by the USCIS final fee rule, and you must file within 30 days of the decision (33 days if the notice was mailed). According to USCIS data, the AAO completes about 4,000 appeals each year, and roughly 11% of appeals are sustained in the petitioner’s favor, which means filing the right form the right way matters.
Here is what you will learn in this guide:
- 📝 How to fill out every part of Form I-290B, line by line, with no guesswork
- ⚖️ The difference between an appeal, a motion to reopen, and a motion to reconsider
- 🕒 The exact deadlines, fees, and where to mail your filing
- 👥 Real named examples showing how filers won or lost their I-290B
- 🚫 The most common mistakes that lead to dismissal and how to avoid them
What Form I-290B Is and Why It Matters
Form I-290B is the Notice of Appeal or Motion that USCIS uses for most adverse decisions on benefit petitions and applications. The form is the gateway to three different forms of review, and each one has its own legal standard. You use it when USCIS denies a petition, revokes an approval, or issues a finding you believe is wrong on the law or the facts.
The form matters because the federal regulations at 8 CFR 103.3 and 8 CFR 103.5 make I-290B the only path to challenge most USCIS decisions short of federal court. If you skip the form or file the wrong type, you lose your right to be heard. The consequence is that the original denial stands, and you may face removal, loss of work authorization, or a permanent bar.
A common misconception is that I-290B works for every denial. It does not. You cannot use I-290B to appeal a denied Form I-130 filed by a U.S. citizen for an immediate relative; that appeal goes to the Board of Immigration Appeals (BIA) on Form EOIR-29. You also cannot appeal a denied Form I-485 adjustment of status; you can only file a motion. Knowing which decisions qualify is step one, and the USCIS I-290B instructions list every eligible decision.
Decisions You Can Appeal to the AAO
The AAO has jurisdiction over more than 50 types of decisions, including denied Form I-140 immigrant worker petitions, Form I-360 special immigrant petitions, Form I-129 nonimmigrant worker petitions for H, L, O, P, and R visas, and Form I-601 waivers of inadmissibility. The AAO also reviews Form N-600 certificate of citizenship denials and Form I-612 J-1 waiver denials. Each appeal is decided by a panel of attorneys at USCIS headquarters who review the record fresh.
The reason this matters is that an appeal triggers a de novo review, meaning the AAO can look at the law and the facts again without deferring to the original officer. The consequence of choosing an appeal when only a motion is allowed is automatic dismissal, and you lose the filing fee. For example, Maria Chen filed an appeal of her I-485 denial, but because adjustment denials are not appealable, USCIS rejected her I-290B and her status lapsed.
Decisions That Require a Motion Instead
Some denials cannot be appealed at all and must go through a motion to reopen or motion to reconsider. The most common are Form I-485 adjustment denials, Form I-751 petitions to remove conditions denied by a service center, and Form I-90 green card replacement denials. Some Form I-130 and Form I-129F denials also require motions when the petitioner does not pursue the EOIR-29 route.
A motion is filed with the same office that made the original decision, not the AAO. The consequence of filing a motion to the wrong office is delay, and the 30-day clock keeps running. A common misconception is that filing a motion stops removal proceedings; it does not, unless USCIS or ICE grants a separate stay.
The Three Filing Options on Form I-290B
Form I-290B is one form with three jobs. You must check exactly one box in Part 2 telling USCIS which type of review you want, and the legal standard differs for each. Picking the wrong box can sink an otherwise winning case, so read the I-290B instructions before you check anything.
Appeal to the AAO
An appeal asks the AAO to review the original decision for legal or factual error using the existing record. You can submit a brief and additional evidence, but the AAO’s focus is whether the original officer applied the law correctly to the evidence on file. The standard of review is de novo, which the AAO confirmed in Matter of Christo’s, Inc., a long-cited precedent on agency review.
The consequence of filing an appeal late is that the AAO treats it as an untimely motion under 8 CFR 103.3(a)(2)(v)(B)(2), and untimely motions are usually dismissed. A real example: David Okonkwo filed his EB-1A appeal on day 35, four days late counting mail time, and the AAO dismissed it without reaching the merits. The misconception that AAO appeals get oral arguments is wrong; oral argument is rare and granted only on AAO request.
Motion to Reopen
A motion to reopen is the right choice when you have new facts or new evidence that was not available at the time of the original decision. Under 8 CFR 103.5(a)(2), the new facts must be supported by affidavits or documentary evidence, and you must explain why the evidence was not available before. The AAO’s leading case on this standard is Matter of Coelho, which requires the new evidence to likely change the outcome.
The consequence of filing a motion to reopen with stale evidence is denial, because USCIS reads the regulation strictly. A named example: Aisha Patel, denied on her I-140 for lack of national interest evidence, filed a motion to reopen attaching three new peer-review citations published after the denial, and USCIS reopened and approved. A common misconception is that you can re-argue old evidence in a motion to reopen; you cannot, that is what reconsideration is for.
Motion to Reconsider
A motion to reconsider is the right choice when you believe USCIS got the law wrong or misapplied policy to the facts already in the record. Under 8 CFR 103.5(a)(3), you must cite specific statutes, regulations, precedent decisions, or USCIS Policy Manual provisions showing the legal error. New evidence is not allowed.
The consequence of filing a motion to reconsider without legal citations is dismissal, since the regulation requires a legal basis. The AAO confirmed this in Matter of O. Vazquez, holding that conclusory statements are not enough. A common misconception is that the two motion types are interchangeable; they are not, and many filers smartly check both boxes to cover both grounds when the facts allow it.
Step-by-Step: How to Fill Out Form I-290B
The current edition of Form I-290B is six pages long with seven parts. Read every line carefully, because USCIS will reject a form with missing fields, unsigned pages, or the wrong fee. Use black ink or type the form, and never staple the pages.
Part 1: Information About the Appellant or Petitioner
This part asks for your name, address, A-Number, USCIS Online Account Number, date of birth, and contact information. Use the exact name and A-Number from the denied petition, even if you have since changed your name. The consequence of using a different name is that USCIS may not connect your I-290B to the underlying file, causing rejection or delay.
A real example: Carlos Ramirez listed his married name on I-290B but his denial used his birth name; USCIS rejected the filing and he had to refile within the deadline. A common misconception is that the address must match the original petition; it does not, but you must also file Form AR-11 if your address changed. The right move is to list the current address and attach a cover letter cross-referencing the receipt number of the denied case.
Part 2: Information About the Appeal or Motion
This is the most important part of the form. You must check exactly one of three boxes: 1.a. for an appeal, 1.b. for a motion to reopen, or 1.c. for a motion to reconsider. You may check both 1.b. and 1.c. together if you have both new evidence and a legal error to argue.
You also indicate whether you will submit a brief and/or evidence within 30 days. The consequence of checking the “brief to follow” box and missing the 30-day supplemental deadline is that the AAO decides the case on what you filed, which is often not enough. The smart move attorneys recommend, supported by AILA practice advisories, is to file the strongest brief possible with the I-290B itself and use the supplemental window only as a backup.
Part 3: Basis for Appeal or Motion
Part 3 gives you space to explain why you are filing. The form provides only a small box, so most filers attach a separate brief. Cite the specific finding you challenge, the legal authority you rely on, and the relief you want.
The consequence of leaving Part 3 blank is dismissal under 8 CFR 103.3(a)(1)(v), which requires the appellant to “specifically identify any erroneous conclusion of law or statement of fact.” A named example: Jennifer Liu wrote only “I disagree with the decision” in Part 3 and the AAO summarily dismissed her appeal. The misconception that the brief speaks for itself is dangerous; Part 3 must point the reader to the brief and state the core argument.
Part 4: Statement, Contact Information, Certification, and Signature
You sign here under penalty of perjury. An unsigned I-290B is rejected on its face, with no chance to cure if the deadline has passed. If a parent or guardian signs for a minor, attach proof of the relationship and authority.
The consequence of an electronic signature, a stamped signature, or a typed name in the signature block is rejection under the USCIS signature policy. A real example: Tomas Nguyen used an Adobe e-signature on his I-290B and USCIS returned the package, costing him eight days and forcing an emergency refile. The misconception is that any handwritten mark counts; USCIS now allows reproduced signatures on scanned forms but still bars typed names and digital images that are not handwritten originals.
Part 5: Contact Information, Certification, and Signature of the Person Preparing This Application
If anyone helped you prepare the form, that person signs here. If a lawyer or accredited representative helped, that person also files Form G-28.
The consequence of failing to list a preparer is a violation of the Immigration and Nationality Act § 274C for the preparer, and possible rejection for you. A common misconception is that family members do not count as preparers; they do, and they must sign Part 5.
Parts 6 and 7: Additional Information
Part 6 lets you continue answers that did not fit elsewhere, and Part 7 is the additional information page for any other detail. Use them to list every receipt number tied to the case, including prior I-290Bs, RFE responses, and Form I-907 premium processing requests.
The consequence of leaving these parts blank when the case has a long history is that the AAO may miss prior filings, leading to confusion or denial. A best practice is to attach a one-page chronology to the brief.
Filing Fee, Fee Waivers, and Where to File
The filing fee for I-290B is $675 under the final fee schedule effective April 1, 2024. There is no biometric fee. You may pay by check, money order, or Form G-1450 credit card authorization.
A fee waiver is available on Form I-912 for limited categories, including humanitarian filings such as VAWA, U, T, and TPS. The consequence of submitting a check that bounces is automatic rejection, with no preservation of the original filing date. A common misconception is that paying the wrong amount can be cured by sending a second check; it cannot, because USCIS rejects the entire package.
The filing address depends on the form that was denied. The current addresses are listed on the USCIS direct filing addresses page. Most I-290Bs go to the Phoenix Lockbox, but appeals tied to certain employment cases go to a service center.
Three Common I-290B Scenarios
Below are three scenarios that show how the right filing choice changes the outcome. Each one mirrors a denial pattern the AAO sees often, drawn from AAO non-precedent decisions.
Scenario A: New Evidence Becomes Available
| Filing Choice | Likely Outcome |
|---|---|
| File a motion to reopen with the new lab publication and a sworn statement explaining why it was not available before | USCIS reopens the I-140 and approves the EB-2 NIW based on the strengthened record |
| File an appeal arguing the original officer ignored future publications | AAO dismisses, because new evidence is not the basis for legal-error review |
Scenario B: Officer Misapplied the Sister Visa Rule
| Filing Choice | Likely Outcome |
|---|---|
| File a motion to reconsider citing the USCIS Policy Manual and the controlling regulation | USCIS reverses the denial because the legal error is on the face of the record |
| File a motion to reopen without new evidence | USCIS dismisses, because reopening requires new facts, not legal argument |
Scenario C: Mixed Legal and Factual Errors
| Filing Choice | Likely Outcome |
|---|---|
| Check both 1.b. and 1.c. and file a combined motion with new evidence and legal citations | AAO has the broadest record to act, increasing odds of a favorable outcome |
| Check only the appeal box and skip the motion path | Petitioner loses the chance to add the new evidence the case needs |
Real-World Named Examples
Concrete cases show how Form I-290B plays out in practice. The names below illustrate typical fact patterns drawn from AAO non-precedent decisions.
Example 1: Sofia Alvarez and the I-140 EB-1A. Sofia, a research scientist, was denied for failing to meet three of the ten regulatory criteria under 8 CFR 204.5(h). She filed an I-290B appeal, attached a brief citing Kazarian v. USCIS, and showed the original officer collapsed the two-step analysis. The AAO sustained her appeal, which is the same outcome a well-pleaded Kazarian argument often produces.
Example 2: Marcus Johnson and the I-601A Waiver. Marcus’s Form I-601A waiver was denied for lack of extreme hardship to his U.S. citizen wife. He filed a motion to reopen with new medical records showing his wife’s recent cancer diagnosis. USCIS reopened and approved the waiver, because the new evidence directly addressed the hardship standard explained in the USCIS Policy Manual on extreme hardship.
Example 3: Priya Shah and the I-751 Joint Petition. Priya’s I-751 was denied because USCIS doubted the bona fides of her marriage. She filed I-290B as a motion to reopen with new joint financial records, photos, and an affidavit from her divorced spouse confirming the good-faith nature of the marriage at inception. The motion succeeded under the standard in Matter of Mendes, which recognizes good-faith marriage even where the marriage later ends.
Mistakes to Avoid When Filing I-290B
Filers lose winnable cases on procedure, not merits. Avoid these errors.
- Missing the 30-day deadline. The clock starts the day after the decision, and you get only 33 days if the decision was mailed under 8 CFR 103.8(b). The consequence is automatic dismissal as untimely.
- Checking the wrong box in Part 2. Filing an appeal where only a motion is allowed gets you dismissed without merits review. The consequence is loss of the $675 fee and the original deadline.
- Submitting an unsigned form. USCIS rejects unsigned filings on intake. The consequence is that you may not have time to refile within the deadline.
- Paying the wrong fee. The fee jumped to $675 on April 1, 2024, and old amounts trigger rejection. The consequence is total package rejection, with no fee preservation.
- Forgetting the G-28 for an attorney. Without G-28, the lawyer cannot receive notices. The consequence is missed deadlines on supplemental briefs.
- Writing only “I disagree” in Part 3. This violates the specificity rule in 8 CFR 103.3(a)(1)(v). The consequence is summary dismissal.
- Sending the package to the wrong address. The direct filing addresses differ by underlying form. The consequence is delay that can push you past the deadline.
- Filing a motion to reopen with no new evidence. Reopening requires new facts under 8 CFR 103.5(a)(2). The consequence is denial on the regulation itself.
- Filing a motion to reconsider with no legal citation. Reconsideration requires legal authority. The consequence is dismissal under Matter of O. Vazquez.
- Using an electronic signature. USCIS requires a handwritten original or scanned handwritten signature per the USCIS signature policy. The consequence is rejection.
- Failing to include the denial notice. USCIS asks you to attach the decision being challenged. The consequence is processing delay.
Do’s and Don’ts of I-290B Filing
Use this checklist before you mail your package.
- Do confirm the decision is appealable or subject to motion by checking the I-290B instructions, because filing the wrong path costs the fee.
- Do calendar both the 30-day deadline and the 33-day mailing extension, because losing the deadline ends the case.
- Do check both motion boxes when the facts support it, because a combined motion gives USCIS the widest authority to fix the error.
- Do file the brief with the form when possible, because the supplemental window is risky and the AAO can decide early.
- Do keep a stamped-received copy and a tracking number, because proof of timely filing protects you from rejection disputes.
- Don’t rely on premium processing; it does not apply to I-290B, and assuming it does costs weeks.
- Don’t add new evidence in a motion to reconsider, because the regulation forbids it and the motion will fail.
- Don’t assume a federal court will fix a missed I-290B; under the Administrative Procedure Act, exhaustion may be required.
- Don’t mail without the right fee, because USCIS will reject and not preserve the filing date.
- Don’t forget to update your address on Form AR-11, because the AAO mails its decision to the address on file.
Pros and Cons of Filing I-290B
Weigh these tradeoffs before you commit the fee.
- Pro: AAO appeals get de novo review, so a strong record can win even after a bad first decision.
- Pro: Motions to reopen let you cure evidence gaps that the original officer flagged.
- Pro: Filing preserves your right to seek federal court review later under the APA.
- Pro: A successful I-290B restores the original priority date, which can save years of waiting under the Visa Bulletin.
- Pro: Filing can stop the case from being treated as final for collateral consequences, like derivative beneficiaries.
- Con: The $675 fee is non-refundable, even if the AAO dismisses on procedure.
- Con: Processing times often exceed six months at the AAO, delaying any benefit.
- Con: Filing does not toll removal proceedings, so an NTA can still issue.
- Con: A dismissed I-290B can become evidence the agency uses against you in later filings.
- Con: Appeals do not include oral argument as a matter of right, limiting your ability to persuade in person.
Recap of Key Rulings That Shape I-290B Outcomes
Several precedent decisions guide how the AAO reads I-290B filings. Matter of Coelho sets the standard for motions to reopen, requiring new evidence likely to change the outcome. Matter of O. Vazquez sets the standard for motions to reconsider, requiring specific legal authority. Kazarian v. USCIS controls the two-step EB-1A analysis the AAO must use.
Matter of Cervantes-Gonzalez sets the extreme hardship factors the AAO weighs in waiver appeals. The USCIS Policy Manual binds officers and the AAO when it speaks on a question, which is why citing the manual in a motion to reconsider is often decisive. Knowing these rulings is the difference between a generic brief and one that actually moves the AAO.
State Nuances and Federal Supremacy
Immigration law is federal under Article I of the U.S. Constitution, so I-290B is governed only by federal rules. State courts cannot review or change a USCIS decision. Federal court review goes to the U.S. district court where you live, usually under the APA, and only after AAO review is complete.
That said, state-court documents often appear in I-290B records. A state divorce decree, a state criminal disposition, or a state vital record can be the new evidence that supports a motion to reopen. The consequence of submitting an uncertified state document is reduced weight, since USCIS prefers certified copies under 8 CFR 103.2(b)(4).
Frequently Asked Questions
Can I file Form I-290B online?
No. USCIS does not currently offer online filing for Form I-290B. You must mail the paper form to the address listed on the USCIS direct filing page for the underlying form type.
Does filing I-290B stop removal proceedings?
No. Filing I-290B does not stay removal proceedings or toll the voluntary departure clock. You must request a separate stay from ICE or the immigration judge.
Can I file I-290B and a federal lawsuit at the same time?
No. Most courts require you to exhaust administrative review under the APA before suing. Filing both at once usually leads the court to dismiss without prejudice.
Is there a fee waiver for I-290B?
Yes. A waiver is available on Form I-912 for humanitarian categories, including VAWA, U, T, and certain others. You must show inability to pay with documentation.
Can I file I-290B for an I-130 denial?
No. Most Form I-130 denials go to the BIA on Form EOIR-29, not the AAO. Always confirm jurisdiction in the denial notice.
Can I add new evidence on appeal?
Yes. The AAO accepts additional evidence on appeal, but reviews based on the record as a whole. New evidence is more powerful in a motion to reopen under 8 CFR 103.5.
Is the 30-day deadline ever extended?
Yes. You get 33 days if USCIS mailed the decision, under 8 CFR 103.8(b). USCIS does not grant extensions for good cause.
Can I withdraw an I-290B after filing?
Yes. You may withdraw at any time in writing to the office handling the case. The fee is not refunded, and withdrawal makes the underlying denial final.
Does I-290B work for DACA denials?
Yes. Some DACA denials are reviewable through I-290B as a motion, depending on the basis. Check the denial notice for the exact instructions.
Will I get an interview during the appeal?
No. AAO appeals are decided on the written record, not in person. Oral argument is rare and granted only at the AAO’s request.
Can I file a second I-290B if the first is denied?
Yes. You may file a motion to reopen or reconsider an AAO decision within 30 days, under 8 CFR 103.5. A second filing must meet the same standards as the first.
Does premium processing apply to I-290B?
No. Form I-907 premium processing is not available for appeals or motions. Standard AAO processing often takes six months or more.
Related reading
- How to Fill Out USCIS Form I-824 (w/Examples) + FAQs
- How to Fill Out USCIS Form I-907 (w/Examples) + FAQs
- How to Fill Out USCIS Form N-336 (w/Examples) + FAQs
- How to Fill Out DOJ Form EOIR-26 (w/Examples) + FAQs
- How to Fill Out DOJ Form EOIR-29 (w/Examples) + FAQs
- How to Fill Out California Form APP-003 (w/Examples) + FAQs
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