What is an I-290B Motion to Reopen?

An I-290B Motion to Reopen is a formal request submitted to the United States Citizenship and Immigration Services (USCIS) or the Executive Office for Immigration Review (EOIR) to review a decision that has been made on an immigration case. This motion is typically filed when there is new, previously unavailable evidence that might change the outcome of the case. But what exactly does this mean for you? Well, let’s dive into the details.

Why You Might Need to File an I-290B

Imagine this: You’ve spent months, maybe even years, dealing with immigration paperwork. Finally, you receive a decision, but it’s not in your favor. What now? This is where an I-290B comes into play. If you believe that the decision made was incorrect due to newly discovered evidence, clerical errors, or ineffective assistance of counsel, you’ll need to file this motion to reopen the case.

Eligibility Criteria

Who Can File?

Not everyone is eligible to file an I-290B Motion to Reopen. Generally, you must have been adversely affected by an immigration decision. Furthermore, you should have new and material evidence that was not previously available. Eligibility can vary based on the specifics of your case, so consulting with an immigration attorney can provide tailored guidance.

The Filing Process for I-290B

Step-by-Step Guide

1. Identify the Basis for Reopening

Your first step is to determine why you need to reopen the case. Was there new evidence, clerical errors, or ineffective assistance of counsel?

2. Gather Supporting Evidence

Collect all necessary documentation that supports your reason for reopening the case. This could be new affidavits, official documents, or other credible evidence.

3. Complete Form I-290B

The next crucial step is to accurately fill out the Form I-290B. Ensure all sections are completed, and double-check for any mistakes that could delay the process.

4. Pay the Filing Fee

Make sure to include the required filing fee. As of now, the fee is $675, but it’s advisable to check the USCIS website for the most updated information.

5. Submit Your Package

Package your form and all supporting documents together and send it to the correct USCIS or EOIR address. Ensure you use a method that provides a tracking number.

Required Documentation

• Completed Form I-290B
• New and material evidence
• Proof of payment of filing fee
• Personal statement explaining the reason for reopening
• Other supporting documents (e.g., affidavits, official letters)

Cost of Filing an I-290B

The fee for filing a Form I-290B is $675. However, it’s crucial to verify the fee on the USCIS website as it might change. Additionally, consider potential attorney fees if you decide to hire legal assistance, which could add to your financial commitment.

Common Reasons for Rejection

Clerical Errors

Simple mistakes, such as incorrect information or missing signatures, can lead to immediate rejection. Always double-check your application before submission.

Insufficient Evidence

Lack of substantial evidence to support your claim can also result in denial. Make sure the new evidence you present is compelling and directly relevant to your case.

Missed Deadlines

Time is of the essence when filing an I-290B. Missing the deadline to submit this motion is a surefire way to be denied. Mark your calendars and act promptly!

Understanding the Timeline

The process can be lengthy. From the date of submission, it might take several weeks or even months to receive an initial acknowledgment from USCIS. During this time, patience is crucial; ensure you keep all your communication records organized and safe.

Benefits of Early Legal Intervention

Legal matters can spiral out of control quickly if not managed properly. Early intervention by an experienced attorney can significantly improve your chances of a favorable outcome. By addressing issues promptly, you have more legal options and the luxury of adequate preparation time.

Conclusion

Filing an I-290B Motion to Reopen might seem like a daunting task, but with the right preparation and timely action, you can maximize your chances for success. Always remember, it’s essential to act swiftly and ensure you have the necessary documentation to support your case. If in doubt, never hesitate to reach out to a skilled immigration attorney who can guide you through this complex process.

Frequently Asked Questions (FAQs)

1. What is the Form I-290B used for?

Form I-290B is used to appeal a decision made by USCIS or to request the reopening or reconsideration of a decision based on new evidence or legal errors.

2. How long do I have to file an I-290B?

You generally have 30 days from the date of the decision to file an I-290B. For appeal cases, it’s typically 30 days, and for motions to reconsider or reopen, it’s also within 30 days, unless otherwise specified.

3. Can I file an I-290B without a lawyer?

Yes, you can file an I-290B on your own, but it is highly recommended to seek legal advice to ensure the best possible outcome.

4. How much does it cost to file an I-290B?

The filing fee for Form I-290B is $675. However, fees can change, so it’s important to check the USCIS website for the latest information.

5. What happens if my I-290B is denied?

If your I-290B is denied, you might have limited options, such as filing another motion or considering alternative immigration relief. Consulting an attorney can provide more guidance based on your specific case.

6. How long does it take to process an I-290B?

The processing time for an I-290B can vary, often taking several months. Keep in mind that every case is unique, so timelines may differ.

7. Can I appeal a denial of an I-290B Motion to Reopen?

Generally, you cannot appeal a denial of an I-290B Motion to Reopen. However, you may have other legal avenues to explore.

8. What evidence should I include with my I-290B?

Include any new and material evidence that was not available during the original case decision. This could include affidavits, official documents, and any other relevant supporting information.

9. Can I file an I-290B if my immigration status has expired?

Filing an I-290B does not automatically extend your immigration status. Consult with an attorney to explore your options.

10. Where can I find more information about filing an I-290B?

For more detailed information, you can refer to the [I-290B Wikipedia page](https://en.wikipedia.org/wiki/I-290B) and the [USCIS official page](https://www.uscis.gov/i-290b).