Appeals & Motions (Form I-290B)
Victoria Barr Law provides expert legal assistance with immigration appeals and motions, helping clients challenge USCIS denials using Form I-290B.
What Is Form I-290B?
Form I-290B, Notice of Appeal or Motion, allows individuals to challenge USCIS decisions on various immigration applications and petitions. This includes denials of adjustment of status, visa petitions, and waivers of inadmissibility. Filing a timely appeal or motion can reverse or reopen an unfavorable decision.
Who Can File Form I-290B?
- Applicants Denied Immigration Benefits: Individuals with denied applications for green cards, visas, or waivers.
- Employers or Sponsors: Petitioners whose employment-based petitions were denied.
- Family Petitioners: U.S. citizens or residents who had family petitions denied.
- Filing Deadline: Most appeals or motions must be filed within 30 days of the denial notice.
Types of Immigration Appeals & Motions
- Appeal to the Administrative Appeals Office (AAO): Challenges certain USCIS decisions.
- Motion to Reopen: Filed with new evidence or changed circumstances.
- Motion to Reconsider: Filed if a USCIS decision was based on legal errors.
Required Documents for Form I-290B
- Completed Form I-290B (Notice of Appeal or Motion)
- Copy of the denial notice from USCIS
- Detailed legal brief or statement explaining the grounds for the appeal
- Supporting evidence, affidavits, or updated documentation
- Relevant USCIS filing fees or fee waiver request
Form I-290B Appeals & Motions Process
- File the Appeal or Motion: Submit Form I-290B with supporting documentation to USCIS or the AAO.
- Receive USCIS Receipt Notice: USCIS issues a receipt confirming the filing.
- Case Review: USCIS or the AAO evaluates the appeal or motion based on provided evidence and legal arguments.
- Decision Issued: A decision will be issued, either reversing, affirming, or remanding the case for further action.
- Further Appeal (if necessary): If denied, further appeals may be pursued before the Board of Immigration Appeals (BIA).
Why Choose Victoria Barr Law?
- Experienced Appeals Attorneys: We have extensive experience preparing successful appeals and motions.
- Detailed Legal Briefs: We craft compelling legal arguments backed by evidence and case law.
- Case Monitoring & Advocacy: We manage correspondence with USCIS and provide updates on case progress.
- Bilingual Legal Services: We provide legal representation in both English and Spanish for effective communication.
File Your Appeal or Motion Today
Our experienced attorneys are ready to assist with your immigration appeal or motion. Contact us for a personalized consultation today.
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Frequently Asked Questions About Appeals & Motions (I-290B)
Form I-290B is used to file an appeal or motion to reopen or reconsider a denial or unfavorable decision issued by USCIS.
An appeal requests a higher authority to review the decision, while a motion asks USCIS to reopen a case (new evidence) or reconsider the decision based on existing evidence.
Form I-290B must generally be filed within 30 days of the date USCIS issued the denial or 33 days if you received the decision by mail.
A motion to reopen requires new, previously unavailable evidence that could affect the outcome of the case.
A motion to reconsider asks USCIS to review its decision based on existing evidence, arguing that the decision was incorrect due to legal or factual errors.
Processing times for Form I-290B vary but typically range from 6 to 12 months, depending on case complexity and USCIS workload.
As of 2024, the filing fee for Form I-290B is $675. Fee waivers may be available in certain circumstances for financial hardship.
Yes, you can file Form I-290B to appeal or request reconsideration of a denied adjustment of status (Form I-485) if you believe the decision was incorrect.
If your appeal or motion is denied, you may explore further legal options, such as filing a new application or seeking judicial review in federal court.
While not mandatory, hiring an experienced immigration attorney can help strengthen your appeal or motion and increase your chances of success.