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I-290B Checklist: Notice of Appeal or Motion Requirements

Immigration Attorney and Appeals Resource

Streamline your Form I-290B (Notice of Appeal or Motion) with our comprehensive document checklist. The I-290B is used to appeal certain USCIS denials to the Administrative Appeals Office (AAO) or to file a motion to reopen or motion to reconsider with the office that issued the decision. Strict deadlines apply—generally 30 days from the decision (33 if the decision was received by mail). This checklist helps immigration attorneys and applicants gather the right materials: the denial notice, Form I-290B with the correct election (appeal, motion to reopen, or motion to reconsider), supporting brief and evidence (new evidence for motions to reopen; legal citations for motions to reconsider; argument on law or fact for appeals), and the filing fee or fee waiver request. Not all decisions are appealable with I-290B; some go to the BIA or Department of State.

I-290B Checklist: Notice of Appeal or Motion Requirements form template preview

Key Benefits

Meet the 30-day (or 33-day) filing deadline
Choose and support appeal vs. motion to reopen vs. motion to reconsider
Prepare brief and evidence by request type
Include denial notice and correct fee or waiver
File to the correct office (AAO or issuing office)
Professional appeals and motions workflow

Common Use Cases

Immigration attorneys appealing I-130, I-140, I-360, or other petition denialsApplicants or petitioners filing motions to reopen with new evidenceMotions to reconsider based on legal or policy errorParalegals assembling appeal and motion packagesResponding to revocation of approved petitions (e.g., I-140)Meeting short deadlines after denial or revocation

Frequently Asked Questions

What is Form I-290B used for?
Form I-290B is the Notice of Appeal or Motion. You use it to file (1) an appeal to the Administrative Appeals Office (AAO), (2) a motion to reopen (based on new evidence), or (3) a motion to reconsider (based on incorrect application of law or policy). The form and supporting documents must be filed within the deadline—usually 30 days from the decision date, or 33 days if the decision was received by mail.
What is the filing deadline for I-290B?
For most denials or dismissals, you have 30 calendar days from the date of the decision (33 days if the decision was received by mail). For revocation of an approved petition, the deadline is often 15 calendar days (18 if by mail). Late filing may be excused for motions to reopen if the delay was reasonable and beyond your control. Do not miss the deadline; consult the denial notice and form instructions.
What evidence do I need for a motion to reopen vs. a motion to reconsider?
Motion to reopen: you must submit new evidence that was not available at the time of the decision, with affidavits or other supporting documents. Motion to reconsider: you must show the decision was wrong based on the evidence already in the record, using citations to law, regulations, policy, or precedent. Our checklist covers both and appeals.
Can I get a fee waiver for I-290B?
The filing fee is $675 (check USCIS for current amount). Fee waiver is available using Form I-912 if you meet the financial criteria. Submit the fee waiver request with your I-290B; if the waiver is denied, USCIS may give you time to pay the fee.

Checklist

USCIS Forms

Complete Form I-290B (Notice of Appeal or Motion)
Required

Use current edition. Select one: Appeal to AAO, Motion to Reopen, or Motion to Reconsider. Sign and date.

Form G-28 (if represented by attorney or accredited representative)

Attorney or representative signs. Include when filing with legal representation.

Supporting Documents

Copy of the denial, revocation, or dismissal notice
Required

Include the full notice. Shows what you are appealing or moving against and the decision date for deadline calculation.

Written brief or statement supporting your appeal or motion
Required

Appeal: explain error of law or fact. Motion to reopen: explain new evidence and why it was not previously available. Motion to reconsider: cite law, policy, or precedent showing the decision was wrong.

New evidence with affidavits (for motion to reopen)

Required for motion to reopen. Evidence must be new and previously unavailable. Include supporting affidavits or documents; explain why not submitted before.

Legal citations, precedent, or policy (for motion to reconsider)

Required for motion to reconsider. Cite statute, regulation, policy manual, or AAO/BIA precedent showing the decision was incorrect on the record.

Filing Requirements

File within deadline (30 days, or 33 if decision received by mail)
Required

Count from decision date. Revocation: often 15 days (18 if by mail). Late motion to reopen may be excused if delay was beyond your control.

File with correct office (AAO for appeals; issuing office for motions)
Required

Appeals go to AAO at the address in the form instructions. Motions to reopen/reconsider typically go to the office that issued the decision. Check denial notice and instructions.

Confirm your decision is appealable with I-290B (not BIA or DOS)
Required

Some decisions (e.g., certain asylum, SIJS) go to BIA or State. Special Agricultural Worker/Legalization use Form I-694. Check USCIS I-290B eligibility page.

Financial Requirements

Filing fee payment ($675) or Form I-912 (Fee Waiver Request)
Required

Check current fee on USCIS.gov. Fee waiver available for those who qualify financially.