Form I-290B, Notice of Appeal or Motion
TITLE: Form I-290B, Notice of Appeal or Motion
WHAT IT IS:
Form I-290B lets you ask USCIS to review a decision you believe is wrong. You can file an *appeal* (a higher office, the Administrative Appeals Office (AAO), looks at your case) or a *motion* (the same office that made the decision reconsiders or reopens it). The form can also be used to appeal certain denials of school approval (Form I-17) with ICE.
WHO NEEDS IT:
- You are the person who filed the application or petition that USCIS denied (the applicant or petitioner), and you want to appeal or file a motion.
- If you are the beneficiary of an approved Form I-140 (Immigrant Petition for Alien Worker) that USCIS later revoked, and USCIS told you that you may file a motion or appeal, you can use this form. Include the revocation notice with your Form I-290B.
- Do not use this form if:
- You are a beneficiary of a different petition and not the original filer.
- You need to appeal to the Board of Immigration Appeals (BIA) — use Form EOIR-29 instead.
- You want to appeal a “no risk” determination under the Adam Walsh Act (no appeal exists; only a motion to reopen or reconsider is available using this form).
- You want to appeal a U.S. visa denial by a Department of State consular officer (visit the State Department website).
- You need to appeal a Special Agricultural Worker or Legalization decision — use Form I-694.
Not every denied benefit type allows both an appeal and a motion. Check the USCIS “When to Use Form I-290B” webpage for a complete list by form number (for example, I-129, I-485, I-601, I-765) to see if your specific case qualifies.
HOW TO FILE:
1. Verify eligibility and deadline. Look at your denial notice. In most cases, you must file within 30 calendar days of the date of service (the date USCIS mailed the decision) or 33 calendar days if the decision was mailed. For appeals of a revocation of an immigrant petition under 8 CFR 205.2, the deadline is 15 calendar days (18 if mailed). Late appeals are rejected unless they qualify as a motion to reopen/reconsider; late motions may be excused only if the delay was reasonable and beyond your control.
2. Get the correct form edition. Use only the current edition with the date 05/31/24 visible at the bottom of every page. The form and instructions can be downloaded from the USCIS website.
3. Prepare a separate form for each decision. You must file one Form I-290B for each appeal or motion. If you are also submitting another immigration benefit request with your Form I-290B, follow the full instructions — you will likely need to include a separate fee and documents (check the form instructions).
4. Mail to the proper address. Do not send Form I-290B directly to the Administrative Appeals Office. Use the correct mailing address listed on the “Direct Filing Addresses for Form I-290B” page on the USCIS website.
5. Include payment. Check the current filing fee on the USCIS Fee Schedule page and enclose it with your form.
FEES:
(check the official fee schedule)
CURRENT EDITION & DEADLINES:
- Current form edition date: 05/31/24. You must use this edition; all pages must show this date and the same edition.
- Filing deadline (most cases): 30 calendar days from the date of service (33 calendar days if the decision was mailed).
- Filing deadline (revocations under 8 CFR 205.2): 15 calendar days (18 calendar days if mailed).
If you file late, your appeal may be rejected or your motion denied unless a specific exception applies. Count from the mailing date, not the date you received the notice.
COMMON MISTAKES:
- Using an outdated form. Always check that every page shows “05/31/24” at the bottom.
- Mailing to the wrong address. Do not send your form to the AAO; follow the Direct Filing Addresses page.
- Missing the deadline. File as soon as possible and count days from the “date of service” on your decision notice (the date it was mailed).
- Not signing the form or forgetting the filing fee.
WHERE TO GET THE FORM:
Only download the form and instructions from the official USCIS website: https://www.uscis.gov/i-290b. Do not use forms from unofficial sources.
SOURCE: https://www.uscis.gov/i-290b
DISCLAIMER: General info from USCIS, not legal advice — always verify on the official page and consult a licensed immigration attorney for your case. English is authoritative.