What is an I-290B Motion to Reopen?

An I-290B Motion to Reopen is a vital procedural mechanism that allows applicants or petitioners to formally request that the United States Citizenship and Immigration Services (USCIS) or the Executive Office for Immigration Review (EOIR) revisit and potentially reverse a prior adverse immigration decision. This motion is specifically intended to introduce newly discovered evidence or facts that were not available or could not have been presented during the original adjudication process, which may substantially influence the case’s outcome. Unlike a motion to reconsider, which challenges the legal reasoning or interpretation applied in the initial ruling, a motion to reopen centers on factual developments or evidence that justify reopening the case for further review and possible relief.

Filing an I-290B motion often represents a critical opportunity for individuals who believe that the initial decision overlooked essential information or recent developments that could alter the final determination. Examples of such new evidence include:

• Updated medical or psychological evaluations that impact eligibility criteria, hardship determinations, or humanitarian considerations;
• Affidavits or declarations from witnesses who were previously unavailable, unwilling, or unable to provide testimony during the original proceedings;
• Significant changes in country conditions, such as escalated political unrest, newly documented human rights abuses, or evolving asylum grounds that affect withholding of removal or refugee claims;
• Newly discovered official documents, records, or relevant legal precedents that were inaccessible or unknown at the time of the initial decision.

It is imperative to adhere strictly to filing deadlines—typically within 30 days of the decision, although this period may vary depending on the case type and adjudicating authority. Missing these deadlines almost always results in automatic denial, underscoring the critical importance of timely and precise submission.

Successfully navigating the I-290B process requires a comprehensive understanding of procedural rules and a strategic approach to presenting the motion. The filing must clearly demonstrate:

1. Why the new evidence was not available or could not have been submitted earlier;
2. How the new evidence is material and likely to affect the outcome of the case;
3. Any other pertinent circumstances that justify reopening the case for further examination.

Moreover, an I-290B motion to reopen can be filed concurrently with a motion to reconsider when there are both factual and legal grounds to challenge the decision. Given the complexity and high stakes involved, securing expert legal counsel is often essential to ensure strict compliance with USCIS or EOIR procedural requirements and to maximize the likelihood of a favorable outcome. Experienced immigration attorneys provide invaluable assistance in preparing a compelling, well-supported, and procedurally sound motion that addresses all necessary elements effectively.

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 is often intricate and time-consuming, encompassing multiple stages that demand careful attention, patience, and strategic planning. Once you submit your application to the United States Citizenship and Immigration Services (USCIS), it is crucial to understand that receiving an initial acknowledgment can take several weeks or even months. This acknowledgment, known as the receipt notice, serves as an official confirmation that your application has been logged into the USCIS system and is now queued for processing. Without this receipt notice, you cannot track your case status, respond to Requests for Evidence (RFEs), or take necessary follow-up actions, making it a foundational document in your immigration journey.

During this often lengthy waiting period, maintaining patience and meticulous organization is essential to avoid unnecessary delays or complications. It is highly recommended to keep all your immigration-related documents well-organized and easily accessible, including:

• Copies of your original application forms and all supporting evidence submitted
• USCIS receipt notices and any official correspondence received thereafter
• Proof of payment for application fees, such as money orders or credit card receipts
• Detailed notes from any phone conversations or in-person meetings with USCIS officials

Having this comprehensive documentation readily available is invaluable if you need to inquire about your case status, respond promptly to RFEs, or resolve any discrepancies that may arise during adjudication. It also helps establish a clear record of your interactions with USCIS, which can be critical in complex cases or appeals.

Furthermore, staying informed about the typical processing times specific to your application type can significantly aid in managing expectations and planning your next steps. USCIS publishes regularly updated estimated processing times on their official website, which vary based on several factors, including:

• The category of your petition (e.g., family-based, employment-based, humanitarian)
• The particular USCIS service center handling your case
• Current workload and staffing levels at the processing center

For instance, family-sponsored visa petitions often have different timelines compared to employment-based petitions or asylum applications. Monitoring these updates can provide critical insight into where your application stands in the queue and help you anticipate potential delays or expedite requests.

In addition to tracking processing times, consider setting calendar reminders to regularly check your application status online using the USCIS case status tool. By entering your receipt number, you can receive real-time updates on your case progress, including notifications about biometric appointments, interview scheduling, or final decisions. Proactively monitoring your case reduces uncertainty, ensures you meet all deadlines, and allows you to prepare for subsequent steps in the immigration process. Ultimately, a thorough understanding of the timeline and diligent case management empower you to navigate the complexities of immigration law with greater confidence and effectiveness.

Benefits of Early Legal Intervention

Legal issues can escalate rapidly, transforming into multifaceted challenges that overwhelm individuals and businesses alike without the guidance of experienced legal counsel. Engaging a seasoned attorney at the earliest stage is crucial, as it significantly enhances your ability to secure a favorable outcome by enabling the timely identification, assessment, and strategic management of emerging legal problems. Early legal intervention offers a wide array of critical benefits that can profoundly influence the trajectory of your case, including:

• Comprehensive issue assessment: Early involvement allows for the detection of hidden legal risks, underlying complexities, and potential liabilities before they intensify. This proactive approach facilitates more effective, targeted solutions that help avoid costly disputes, protracted litigation, and unintended consequences.
• Expanded legal options: Taking prompt action broadens the spectrum of available remedies, such as negotiation, mediation, arbitration, or other alternative dispute resolution (ADR) methods. These options often become limited or unavailable as deadlines pass or situations worsen, reducing your ability to resolve matters efficiently.
• 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. This thorough preparation strengthens your overall position and increases the likelihood of a successful resolution.
• Risk mitigation: Proactive legal advice anticipates potential pitfalls and implements preventative measures, safeguarding your interests and minimizing exposure to financial loss, reputational damage, regulatory penalties, or compliance issues.

For instance, 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, preserving workplace harmony and reducing legal expenses. 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 and preserve your competitive advantage. 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.

Filing an I-290B Motion to Reopen can initially seem daunting due to the complex and highly specialized nature of immigration law. However, with meticulous preparation, strategic legal analysis, and timely submission, applicants can substantially improve their chances of obtaining a favorable decision. This motion serves as a critical procedural tool that enables individuals to request the reopening of their immigration case based on newly discovered evidence, significant changes in immigration law or policy, or clear legal errors that were overlooked during the original adjudication. A deep understanding of the procedural rules—including the specific legal standards, evidentiary burdens, and filing requirements—is essential to avoid common pitfalls such as procedural dismissals or denials on technical grounds, which frequently derail otherwise meritorious cases.

• Understand the Grounds for Reopening: It is imperative to clearly identify and articulate the legal basis for reopening your case. Typical grounds include:
  • New facts or evidence that were not previously available and could not have been discovered earlier despite exercising due diligence;
  • Substantial changes in immigration statutes, regulations, or policy interpretations that materially affect your eligibility or the outcome of your case;
  • Procedural errors, misapplications of law, or overlooked legal issues by the adjudicating officer or court that had a direct impact on the original decision.

  Crafting a precise and well-supported explanation of these grounds, aligned with relevant case law and legal precedents, significantly enhances the motion’s credibility and persuasive power.

• Gather Comprehensive Documentation: The strength of an I-290B motion largely depends on the quality, relevance, and completeness of the supporting evidence. Essential documentation may include:
  • Affidavits or sworn declarations from credible witnesses who can corroborate new facts or clarify disputed issues;
  • Expert reports or testimony that provide authoritative analysis on complex legal, medical, or technical matters;
  • Updated medical, financial, or personal records that substantiate your claims and demonstrate changed circumstances;
  • Relevant case law, administrative decisions, or policy memoranda that bolster your legal arguments and demonstrate evolving interpretations.

  Organizing and presenting this evidence in a clear, logical manner is crucial to influencing the reviewing authority’s assessment and avoiding procedural deficiencies.

• File Within the Required Timeframe: Adhering strictly to the filing deadlines is non-negotiable. The United States Citizenship and Immigration Services (USCIS) or the Administrative Appeals Office (AAO) typically require that an I-290B motion be filed within 30 days from the date of the adverse decision. Missing this deadline almost always results in automatic dismissal, regardless of the motion’s substantive merits. Therefore, understanding these timelines and planning your submission accordingly is critical to preserving your right to seek reopening.

Taking prompt, informed, and strategic action—supported by a thoroughly reasoned and well-documented motion—is fundamental to successfully reopening your immigration case. Given the procedural complexities and high stakes involved, consulting with a skilled immigration attorney can be invaluable. Experienced legal counsel can help you navigate nuanced procedural requirements, identify the most compelling legal arguments, and assemble persuasive 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).