Essential Information About USCIS Form I-290B

Did you just receive a USCIS denial and feel unsure about what to do next? If so, this filing may let you ask USCIS or the Administrative Appeals Office to take another look.

Form I-290B, Notice of Appeal or Motion, is not a general second chance form for every immigration case. It only applies in certain benefit types, only certain people can file it, and the path you choose matters. An appeal is different from a motion to reopen, and both are different from a motion to reconsider. If you choose the wrong path, miss the deadline, or send the filing to the wrong place, USCIS may reject or dismiss it before the case is even reviewed on the merits.

In this guide, we walk through what this form is, who can file it, when it is due, where it goes, how briefs and evidence should be organized, when translations are required, and what to expect after filing. If your case depends on non-English records, we also explain how MotaWord can help you prepare USCIS-compliant certified translations.

What Is USCIS Form I-290B?

USCIS Form I-290B, Notice of Appeal or Motion, is the form used to ask for formal review of certain unfavorable immigration decisions.

It can be used in three different ways:

Appeal

An appeal usually asks the Administrative Appeals Office, or AAO, to review the decision. Appeals often focus on whether USCIS made a legal, policy, or factual error based on the record.

Motion to Reopen

A motion to reopen is filed with the office that issued the decision and must present new facts supported by documentary evidence.

Motion to Reconsider

A motion to reconsider is also filed with the office that issued the decision, but it argues that the decision was incorrect based on the law, policy, or facts already in the record.

You must choose one path on the form. USCIS says you may not select both an appeal and a motion on the same filing.

Quick Comparison Table

Who Can and Cannot File Form I-290B?

Not everyone affected by a USCIS denial can file this form. USCIS is clear that, in general, only the original applicant or petitioner may file an appeal or motion.

Who Can File?

In most cases, the person or entity that filed the original application or petition can file the I-290B.

USCIS also lists a narrow exception: if you are the beneficiary of a revoked Form I-140 and USCIS specifically advised you that you may file a motion or appeal, you may file it and should include the revocation notice.

Who Cannot File?

You generally cannot use this form if:

• You are only the beneficiary of a petition and no exception applies
• The denial falls under the Board of Immigration Appeals instead of USCIS or the AAO
• The denial is a Department of State visa refusal
• The matter requires a different review form, such as Form EOIR-29 or Form I-694

Which Form Should You Use?

This is one of the most important practical points. USCIS says the right form depends on the underlying benefit type and whether that benefit allows an appeal, a motion, or both. That means the denial notice matters more than any generic blog checklist. Read it closely before filing anything.

Filing Deadlines and Timing Rules

Timing is one of the strictest parts of the I-290B process.

In most cases, USCIS says you must file the appeal or motion within 30 calendar days of the date of service of the adverse decision, or within 33 calendar days if the decision was mailed.

There is a shorter deadline for certain appeals of petition revocations under 8 CFR 205.2:

• 15 calendar days from the date of service
• 18 calendar days if the decision was mailed

USCIS also states that the relevant date is the date the decision was mailed, not the day you actually received it.

What Happens If the Filing Is Late?

USCIS says it will reject a late appeal unless the office that issued the adverse decision determines that the untimely appeal meets the requirements of a motion to reopen or reconsider.

USCIS also says it will deny a late motion, except that it may excuse an untimely motion to reopen if the delay was reasonable and beyond your control.

That is why an I-290B filing should usually start the day the denial notice is issued, not the day you finally open the envelope.

Form I-290B Filing Fee, Address, and Submission Checklist

Administrative mistakes can ruin a good legal filing, so this part matters more than it looks.

I-290B Filing Fee

USCIS directs filers to the current Fee Schedule and fee calculator for the filing fee. The fee is generally non-refundable, even if the appeal or motion is denied, dismissed, or withdrawn.

USCIS also notes that some I-290B filings may be fee-exempt or fee-waiver eligible, depending on the underlying case type. Because those exceptions are category-specific, the safest approach is to verify the current fee rule before mailing.

I-290B Filing Address

USCIS says the form must be filed at the appropriate direct filing address and not directly with the AAO.

This point is especially important because USCIS has made filing location changes for some I-290B-related categories. Current location rules can vary depending on the type of case you are challenging, including certain VAWA, T, or U-related matters.

Submission Checklist

Before mailing, confirm that you have:

• The current accepted edition of the form
• A valid signature
• The correct filing fee or a proper fee-waiver request if available
• A clear brief or written statement
• Organized supporting evidence
• The correct direct filing address
• Only one selected review path on the form

USCIS also says to pay each filing fee separately if you are submitting multiple forms, because a combined payment can cause rejection of the package.

Supporting Briefs and Evidence: How to Strengthen Your Case

A strong I-290B filing is usually built on two things: the right legal theory and clean evidence.

Start With a Clear Legal Argument

Your statement or brief should address every basis for denial listed in the notice. If USCIS gave three reasons for denial and you only answer one, the filing will usually feel incomplete no matter how strong that one point is.

For legal-error arguments, ground the brief in:

• The denial notice itself
• The governing statute or regulation
• USCIS policy guidance when relevant
• The actual evidence already in the record, if you are not filing a motion to reopen

Appeals vs. Motions: Different Evidence Expectations

This is where many filers lose clarity.

• Appeals usually focus on why the decision was wrong
• Motions to reopen focus on new facts supported by evidence
• Motions to reconsider focus on error in the prior analysis using the existing record

That distinction should drive how you organize the packet. A motion to reopen without real new facts is usually weak. A motion to reconsider without a clear legal or factual error is also weak.

Organize for Clarity

Good organization helps the adjudicator review the case faster and more accurately. A strong packet usually includes:

• A short cover letter
• A brief or statement
• A clear exhibit list
• Labeled evidence
• Direct references in the brief to the exhibits

There is no official USCIS-published I-290B success rate that can predict your outcome. Results depend on the denial basis, the type of review requested, and how well the filing addresses the actual problem in the case.

Translation Requirements for Form I-290B Supporting Documents

If you submit foreign-language documents with this filing, USCIS requires a full English translation for each one.

Full English Translation Is Mandatory

USCIS expects the translation to be:

• Complete
• Accurate
• Legible

Partial summaries are not enough. If the document matters to the case, the translation should reflect the whole record USCIS is being asked to consider.

Certification Statement Requirements

The translator certification should confirm:

• The translator is competent in both languages
• The translation is complete and accurate
• The translator signed and dated the certification

Common Documents That Require Translation

Common examples include:

• Birth certificates
• Marriage or divorce records
• Court records
• Criminal records
• Affidavits
• Contracts
• Financial records

Important Warning

If your I-290B depends on non-English evidence, missing or weak translations can hurt the filing even if the legal argument is solid. Translation problems can lead to delays, confusion, or a weaker record.

What Happens After Filing? Processing and Possible Outcomes

After you file, USCIS usually moves through several stages.

Initial Review

USCIS first checks whether the form is complete, signed, timely, and accompanied by the correct fee or approved fee-waiver request. Intake problems can lead to rejection before the case reaches the merits.

Eligibility Determination

USCIS then reviews whether the filing is the right type of review for the underlying benefit and whether the filer has standing to request it.

Substantive Review and Decision

If the filing is accepted, USCIS or the AAO reviews the legal arguments and supporting evidence. Possible outcomes can include:

• Approval of the appeal or motion
• Dismissal of the appeal
• Denial of the motion
• Remand or further action, depending on the procedural posture

Processing Times and Case Tracking

There is no single fixed I-290B processing time that applies across every case type. Timing varies with workload, case complexity, and whether the matter is being reviewed by the issuing office or forwarded elsewhere.

The most reliable way to monitor progress is the USCIS case-status tool tied to your receipt number. Processing-time expectations can also vary by benefit type and office.

How MotaWord Supports Your I-290B Filing

If your I-290B filing depends on foreign-language evidence, certified translations are part of the legal record, not just an administrative extra.

MotaWord helps applicants and attorneys prepare USCIS-compliant certified translations for:

• Birth, marriage, and divorce records
• Court and criminal records
• Affidavits and sworn statements
• Contracts and financial documents

Because I-290B deadlines are tight, speed matters too. We can help you get complete, properly certified translations quickly so the filing stays on schedule and the record stays clean.

Frequently Asked Questions About Form I-290B

Can I file both an appeal and a motion on the same form?

No. USCIS says you must choose only one path on the form. Selecting more than one box may lead to rejection.

What happens if I miss the I-290B deadline?

Late appeals are generally rejected. Late motions are generally denied, although USCIS says it may excuse an untimely motion to reopen if the delay was reasonable and beyond your control.

Is the filing fee refundable?

No. USCIS states that filing fees are final and non-refundable, even if the request is denied, dismissed, or withdrawn.

Where can I find the official instructions and PDF?

The official form page is on the USCIS website at Form I-290B. Always use the current edition listed there.

How long is the I-290B processing time?

There is no fixed universal timeline. Processing varies by case type, office, and complexity, so use your receipt number to track the case and rely on current USCIS status tools instead of a generic number.

Final Thoughts on Filing USCIS Form I-290B Successfully

This is one of the most technical USCIS filings because the deadline is short, the legal posture matters, and the wrong review path can weaken an otherwise valid challenge.

The safest filing strategy is to start with the denial notice. Confirm whether a motion or appeal is actually available, calculate the deadline from the decision date, verify the current fee and filing address, and then build the filing around the exact reasons USCIS gave for the denial.

If your packet includes foreign-language evidence, make sure the translations are complete and certified before you file. That is one of the simplest ways to strengthen the record and avoid preventable problems.

This article is general informational content only and not legal advice. For case-specific strategy, consult a qualified immigration attorney and verify the current USCIS instructions before filing.

“We collected and distilled information on immigration for our site visitors from USCIS and other sources as a basic guide. MotaWord is a translation platform providing certified translations for immigration applicants and not a law firm. The information provided should not be construed as legal advice and might not be current. For current information please refer to the USCIS website or speak to your licensed immigration attorney.”