What is Form I-290B, Notice of Appeal or Motion?
USCIS Form I-290B, Notice of Appeal or Motion, is generally used to file an appeal with the Administrative Appeals Office (AAO) or file a motion with the U.S. Citizenship and Immigration Services (USCIS) office that issued the latest decision in your case.
If your case is denied, you may need to use this form to obtain a favorable decision on your case.
An appeal is a request to a different authority to review an unfavorable decision.
A motion is a request to the USCIS office that issued the unfavorable decision to review its decision. There are two types of motions. A motion to reopen is a request to the office that issued the unfavorable decision to review its decision based on new facts; and a motion to reconsider is a request to the office that issued the unfavorable decision to review its decision based on an incorrect application of law or policy. These are common types of situations that require USCIS Form I-290B (motion to reopen or reconsider):
If you receive a denial notice, it is important to contact an immigration attorney as soon as possible. Generally, the appeal or motion must be filed within 30 days from the date of service. If you file an appeal, it will generally take 180-days for the government to issue a decision. If you file a motion, it will generally take 90 to 180-days for the government to issue a decision.
If your case is denied, it is important to speak with an experienced immigration attorney to determine if it is in your best interest to file an appeal or to refile your case. There are advantages and disadvantages that should be carefully discussed with an immigration attorney.
Nowadays, after a case is denied, USCIS will usually refer the case to Immigration and Customs Enforcement (ICE) and the Executive Office of Immigration Review (EOIR) within 3-6 months. This means that if you do not file an appeal/motion or refile your case, you will likely be placed in removal/deportation proceedings.
For more information on What is Form I-290B, Notice of Appeal or Motion, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (281) 777-1236 today. We have two convenient locations in north and south Houston, Texas.
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