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 invested months, or even years, navigating the complex maze of immigration paperwork, only to receive a decision that denies your application or petition. In such situations, filing an Form I-290B, Notice of Appeal or Motion, becomes a crucial step to challenge or seek reconsideration of that decision. This form is specifically designed for individuals who believe the original ruling was flawed due to factors such as newly discovered evidence that was not available during the initial review, clerical or procedural errors made by USCIS, or even ineffective assistance of counsel that adversely impacted the outcome. Filing an I-290B allows you to request either an appeal to a higher authority or a motion to reopen or reconsider your case.

Understanding when and how to file this motion is critical because there are strict deadlines and specific grounds that must be met. For example, you typically have 30 days from the date of the decision to submit the I-290B, and the motion must clearly articulate the legal or factual errors in the original decision. Common reasons for filing include:

• New evidence that could materially affect the case outcome but was unavailable previously.
• Errors in applying immigration law or misinterpretation of facts by USCIS officers.
• Procedural mistakes such as failure to consider all submitted documents or miscommunication.
• Ineffective assistance of counsel, which can undermine the fairness of the original adjudication.

By filing an I-290B, you gain an opportunity to have your case reviewed without starting the entire process over, potentially saving time and resources. However, it is essential to consult with an experienced immigration attorney to ensure your motion is properly prepared and supported, maximizing your chances of success. For more detailed guidance on related legal challenges, visit our comprehensive immigration law resources.

Who Can File?

Filing an I-290B Motion to Reopen is a procedural remedy that is not universally available; it requires meeting specific and stringent eligibility criteria. To qualify, you must first establish that you have been adversely affected by a prior immigration decision, such as the denial of a visa petition, an adjustment of status application, or a removal order. This adverse impact is a foundational requirement because the motion seeks to revisit and potentially overturn that earlier ruling. Beyond this, the motion must be supported by new and material evidence that was not presented during the original proceedings and could not have been discovered with reasonable diligence at that time. Examples of such evidence include newly obtained affidavits, updated medical records, or significant changes in personal circumstances like marriage or the birth of a child, which may alter eligibility for relief.

It is important to understand that eligibility can vary widely depending on the specific type of immigration relief sought—whether it be asylum, cancellation of removal, or adjustment of status—and the nature of the initial decision. For instance, motions to reopen in removal proceedings often have different procedural requirements and deadlines compared to those filed with USCIS. Additionally, certain motions may be barred if they are untimely or if the new evidence is deemed insufficiently material. Given these complexities, consulting with an experienced immigration attorney is essential. A qualified attorney can assess your unique circumstances, help gather compelling evidence, and ensure that your motion complies with all procedural rules, thereby maximizing your chances of success in reopening your case.

Step-by-Step Guide

1. Identify the Basis for Reopening

Begin by clearly establishing the legal grounds for reopening your case with Form I-290B. Common reasons include the discovery of new and material evidence that was not previously available, identification of clerical or procedural errors made by USCIS or the immigration court, or claims of ineffective assistance of counsel that may have impacted the original decision. Understanding the precise basis is critical, as it determines the supporting documentation you will need and influences the likelihood of success.

2. Gather Supporting Evidence

Next, compile comprehensive and credible evidence to substantiate your reopening request. This may involve:

• New affidavits from witnesses or experts that provide additional context or facts.
• Official documents such as medical records, police reports, or government-issued certificates that were unavailable during the initial filing.
• Proof of procedural errors or misapplications of law in your original case.
• Documentation demonstrating ineffective assistance of counsel, such as correspondence or court transcripts.

Ensuring your evidence is well-organized and clearly linked to your stated grounds will strengthen your petition.

3. Complete Form I-290B

Carefully and accurately fill out Form I-290B, Notice of Appeal or Motion. Pay close attention to:

• Filling in all required fields, including your personal information and case details.
• Clearly stating the reason for your appeal or motion in the designated sections.
• Reviewing your form for any errors or omissions that could cause delays or denials.

Consider consulting the official USCIS instructions or an immigration attorney to ensure compliance. For detailed guidance, visit the USCIS resource page.

4. Pay the Filing Fee

Include the appropriate filing fee with your submission. As of the latest update, the fee is $675, but this amount is subject to change. Always verify the current fee on the USCIS official website before payment. Accepted payment methods typically include checks, money orders, or credit card payments using Form G-1450. Failure to include the correct fee or payment method may result in rejection of your filing.

5. Submit Your Package

Assemble your complete filing package, which should include:

• The fully completed Form I-290B.
• All supporting evidence and documentation.
• The filing fee payment.

Send your package to the appropriate USCIS or EOIR address specified in the form instructions. Use a reliable mailing service that provides a tracking number and delivery confirmation to ensure your documents arrive safely and on time. Retain copies of everything submitted for your records and future reference.

• Completed Form I-290B: This official Notice of Appeal or Motion form must be meticulously filled out, ensuring every section is accurately completed and the form is duly signed before submission. Errors or omissions can lead to delays or outright denial of your reopening request.
• New and Material Evidence: Submit any evidence not previously presented that could materially affect the decision in your case. This might include newly obtained witness affidavits, updated medical or psychological evaluations, or fresh documentation such as employment records or country condition reports that substantiate your claim.
• Proof of Payment of Filing Fee: Provide a clear copy of the receipt or other proof showing payment of the filing fee required for Form I-290B. It is critical to verify that the payment aligns with the latest fee schedule published by the U.S. Citizenship and Immigration Services (USCIS), as fees can change periodically.
• Personal Statement Explaining the Reason for Reopening: A comprehensive personal statement is essential. This narrative should clearly explain why reopening is justified, emphasizing any significant changes in your circumstances, newly discovered evidence, or legal errors in the original decision. Including specific dates, events, and references to supporting documents strengthens your argument.
• Other Supporting Documents: Include any additional materials that reinforce your case, such as affidavits from credible witnesses, official correspondence from government agencies, or expert reports. These documents can provide crucial context and corroborate your reasons for reopening the case.
• Cover Letter: Although optional, a well-crafted cover letter can be highly advantageous. It should succinctly summarize your request, outline the contents of your submission, and highlight key points. This facilitates a more efficient review process by USCIS officers and reduces the risk of overlooked documents.
• Legal Representation Documentation: If you have legal counsel, include a copy of the representation agreement or a formal notice of appearance. This confirms that your attorney is authorized to act on your behalf, ensuring all communications and procedural matters are properly handled. For more information on legal representation in immigration matters, visit our legal resources.

Cost of Filing an I-290B

The current fee for submitting a Form I-290B, which is the official Notice of Appeal or Motion used to challenge certain immigration decisions, is $675. This fee is mandatory and must be paid at the time of filing to avoid rejection of your appeal. Since USCIS fees are subject to change due to regulatory updates or budget adjustments, it is crucial to regularly verify the latest fee schedule directly on the USCIS website. Beyond the filing fee, applicants should also consider the broader financial implications of pursuing an appeal, especially if opting to hire legal counsel. Engaging an experienced immigration attorney can provide strategic advantages, such as ensuring proper documentation and adherence to procedural requirements, which may significantly improve the likelihood of a favorable outcome. However, legal representation introduces additional costs that vary depending on the attorney’s billing structure and the complexity of your case. When budgeting for your I-290B appeal, consider these common expense categories:

• Consultation Fees: Some attorneys charge for initial case evaluations or strategy sessions, which can range from a nominal fee to several hundred dollars.
• Hourly Rates: Many immigration lawyers bill by the hour, with rates typically varying based on geographic location and attorney experience. Complex appeals involving extensive evidence or legal research can increase total hours billed.
• Flat Fees: To provide cost predictability, some attorneys offer flat-rate packages covering the entire appeal process, including preparation, filing, and follow-up communications with USCIS.
• Additional Costs: Beyond attorney fees and the I-290B filing fee, you may incur expenses related to gathering supporting documents, obtaining expert opinions or translations, and filing fees for related forms or motions.

By thoroughly understanding these financial components and planning accordingly, you can avoid unexpected expenses and better navigate the appeal process. For more detailed guidance on immigration appeals and related procedures, visit our comprehensive resource center at our legal blog.

Clerical Errors

Clerical errors remain one of the most prevalent reasons for application rejection in immigration and other legal processes. These errors often involve seemingly minor but crucial mistakes such as incorrect spelling of names, wrong dates of birth, mismatched identification numbers, or omitted signatures and dates. Even a single typographical error can trigger extensive delays or lead to outright denial, as USCIS and other agencies rely heavily on precise and accurate information to verify identities and eligibility. To minimize the risk of clerical errors, applicants should:

• Conduct a meticulous line-by-line review of the entire application form.
• Cross-check all personal details against official documents like passports, birth certificates, or driver’s licenses.
• Ensure that every required signature and date is present and correctly placed.
• Use a detailed checklist tailored to the specific form or petition being filed.
• Whenever possible, seek a review by a qualified legal professional who can spot inconsistencies or omissions that applicants might overlook.

Addressing clerical errors proactively not only prevents rejection but also expedites the processing timeline, helping applicants avoid unnecessary stress and additional costs.

Insufficient Evidence

One of the most frequent and challenging reasons for denial is the insufficient evidence submitted to support your claim or petition. USCIS mandates that all supporting documentation must be both relevant and persuasive, meaning it should directly corroborate the facts and assertions made in your application. Common types of evidence include:

• Affidavits from credible witnesses who can attest to your circumstances.
• Official records such as birth certificates, marriage licenses, tax returns, or employment verification letters.
• Expert opinions or evaluations that provide specialized insight supporting your eligibility.
• Photographs, correspondence, or other documentation that clearly demonstrate your claims.

Submitting generic, outdated, or unrelated documents often fails to meet the evidentiary standards and can result in denial. To strengthen your case, organize your evidence logically, clearly label each document, and include a detailed cover letter explaining how each piece supports your application. For additional strategies on compiling and presenting effective evidence, explore our comprehensive legal resource center.

Missed Deadlines

Timeliness is absolutely critical when filing an I-290B Notice of Appeal or Motion with USCIS. The agency enforces strict deadlines, typically requiring submission within 30 calendar days from the date of the decision notice. Failure to meet this deadline almost invariably results in automatic denial, with very limited exceptions. To ensure you comply with these time constraints, consider the following best practices:

• Immediately mark the deadline on your calendar upon receipt of the decision notice, including reminders several days in advance.
• Begin preparing your motion or appeal well ahead of the deadline to allow ample time for gathering necessary evidence and obtaining legal review.
• Use reliable mailing methods such as certified mail, courier services, or electronic filing options that provide tracking and proof of timely submission.
• Keep copies of all documents and receipts related to your filing for your records and potential future reference.

Missing the deadline leaves no room for reconsideration, effectively forfeiting your right to appeal or reopen your case. Therefore, prompt and proactive action is essential to safeguard your legal options and ensure your case receives proper consideration.

Understanding the Timeline

The immigration process can often be lengthy and complex, involving multiple stages that require careful attention and patience. After submitting your application to the United States Citizenship and Immigration Services (USCIS), it is important to recognize that it may take several weeks or even months before you receive an initial acknowledgment of your submission. This acknowledgment, often referred to as the receipt notice, is a critical first step because it officially confirms that your application has been received and entered into the USCIS system for processing. Without this confirmation, you cannot track your case or respond to any requests for additional information.

During this waiting period, maintaining patience and organization is essential. It is highly advisable to keep all your communication records meticulously organized and secure, including:

• Copies of your original application forms and supporting documents
• USCIS receipt notices and any subsequent correspondence
• Proof of payment for application fees
• Notes from any phone calls or in-person visits with USCIS representatives

This documentation will be invaluable if you need to follow up on your application status, respond to Requests for Evidence (RFEs), or address any discrepancies that may arise during the adjudication process.

Additionally, staying informed about the typical processing times for your specific application type can help you manage expectations and plan accordingly. USCIS regularly publishes estimated processing times on their official website, which vary depending on factors such as the type of petition, the service center handling your case, and current workload. For example, family-based petitions may have different timelines compared to employment-based applications. Regularly checking these updates can provide valuable insight into where your application stands in the queue and help you anticipate potential delays.

Moreover, consider setting reminders to periodically check the status of your application online using the USCIS case status tool. This tool allows you to enter your receipt number and receive real-time updates on your case progress. Being proactive in monitoring your application can reduce anxiety, ensure you do not miss critical deadlines, and prepare you for any next steps, such as biometric appointments or interviews. Understanding this timeline thoroughly empowers you to navigate the immigration process more confidently and effectively.

Benefits of Early Legal Intervention

Legal issues often escalate quickly, evolving into complex challenges that can overwhelm both individuals and businesses without the support of experienced legal counsel. Engaging a seasoned attorney at the earliest possible stage is essential, as it significantly improves your chances of securing a favorable outcome by enabling the timely identification and strategic management of emerging problems. Early legal intervention offers a multitude of critical benefits that can profoundly shape the course of your case, including:

• Comprehensive issue assessment: Early involvement allows for the detection of hidden legal risks and underlying complexities before they intensify, facilitating more effective, targeted solutions that help avoid costly disputes and protracted litigation.
• Expanded legal options: Prompt action broadens the range of available remedies, such as negotiation, mediation, arbitration, or other alternative dispute resolution methods, which may become limited or unavailable as time passes.
• Enhanced case preparation: Early counsel provides ample time to gather crucial evidence, interview witnesses, and develop a tailored legal strategy that addresses the unique nuances of your situation, thereby strengthening your overall position.
• Risk mitigation: Proactive legal advice anticipates potential pitfalls and implements preventative measures, safeguarding your interests and minimizing exposure to financial loss, reputational damage, or regulatory penalties.

For example, in contract disputes, seeking early legal advice can clarify your rights and obligations, often enabling resolution through negotiation or mediation rather than resorting to costly and time-consuming litigation. In employment law, early intervention can prevent wrongful termination claims, workplace discrimination issues, or wage disputes from escalating into formal lawsuits. Similarly, in real estate transactions, timely legal guidance helps identify and resolve title defects, zoning complications, or contract ambiguities before they cause significant financial or reputational harm. Early legal counsel is also invaluable in intellectual property matters, where prompt action can protect trademarks, copyrights, or patents from infringement. By addressing legal concerns promptly, you not only shield yourself from unforeseen challenges but also establish a foundation for informed decision-making and long-term security. For more insights on managing legal risks effectively, explore our comprehensive legal resources.

Conclusion

Filing an I-290B Motion to Reopen often appears intimidating due to the intricate and highly specialized nature of immigration law. Yet, with careful and strategic preparation, coupled with prompt filing, applicants can significantly enhance their prospects of securing a favorable ruling. This motion is a vital procedural mechanism that allows individuals to request the reopening of their immigration case based on newly discovered evidence, changes in applicable law or policy, or clear legal errors that were overlooked during the initial adjudication. Mastery of the procedural rules, including understanding the specific legal standards and evidentiary requirements, is crucial to avoid common pitfalls such as procedural dismissals or denials on technical grounds.

• Understand the Grounds for Reopening: Clearly defining the legal basis for reopening is essential. Common grounds include:
  • New facts or evidence that were not available or could not have been discovered earlier despite due diligence;
  • Changes in immigration law, regulations, or policy interpretations that materially affect your eligibility;
  • Procedural errors or misapplications of law by the adjudicating officer or court that impacted the original decision.

  A precise articulation of these grounds aligned with relevant legal precedents strengthens the motion’s credibility and persuasiveness.

• Gather Comprehensive Documentation: The success of an I-290B motion heavily depends on the quality and completeness of supporting evidence. This may include:
  • Affidavits or declarations from credible witnesses;
  • Expert reports or testimony that clarify complex issues;
  • Updated medical, financial, or personal records that substantiate claims;
  • Relevant case law, administrative decisions, or policy memoranda that support your legal arguments.

  Organizing this evidence logically and presenting it clearly can greatly influence the reviewing authority’s assessment.

• File Within the Required Timeframe: Strict adherence to filing deadlines is non-negotiable. The USCIS or the Administrative Appeals Office (AAO) imposes firm time limits—often 30 days from the date of the decision—to submit an I-290B motion. Failure to meet these deadlines typically results in automatic dismissal, regardless of the motion’s substantive merits. Understanding these timelines and planning accordingly is therefore critical.

Taking swift and informed action, supported by a well-reasoned and thoroughly documented motion, is fundamental to reopening your immigration case successfully. When navigating the complexities of this process, consulting with a skilled immigration attorney can be invaluable. Experienced counsel can help you interpret procedural nuances, identify the strongest legal arguments, and assemble compelling evidence, thereby maximizing your chances of a positive outcome in your immigration proceedings.

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).