Form I-290B, Notice of Appeal or Motion, is the U.S. Citizenship and Immigration Services (USCIS) form for filing an appeal with the Administrative Appeals Office (AAO) or a motion with the USCIS office that issued the latest decision in your case. Applicants and petitioners who received an unfavorable decision use it to ask for review, within strict deadlines. On FillingPDF you can fill out the form online and download or print the completed PDF; the official PDF and instructions are published by USCIS, and the filing address depends on your case.
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What is Form I-290B?
Form I-290B, Notice of Appeal or Motion, is the USCIS form used to file an appeal with the Administrative Appeals Office (AAO), or a motion with the USCIS office that issued the latest decision in your case, including a field office, service center or the AAO itself.
The form is a single-purpose filing: you choose either an appeal or a motion, never both. A motion can be a motion to reopen, a motion to reconsider, or a combined motion to reopen and reconsider. Requirements for appeals are in 8 CFR 103.3 and for motions in 8 CFR 103.5, as the USCIS instructions explain.
Schools may also use Form I-290B for appeals or motions about certain denials of Form I-17, Petition for Approval of School for Attendance by Nonimmigrant Student, filed with the ICE Student and Exchange Visitor Program (SEVP), or when SEVP withdraws its approval. The SEVP notice letter gives the instructions in that case.
Form I-290B is not the form for every kind of review. Appeals to the Board of Immigration Appeals (BIA) use Form EOIR-29, and appeals of Special Agricultural Worker or Legalization applications use Form I-694. Whether you can appeal or move on a given benefit request depends on the form that was denied; USCIS lists the eligible benefit types at www.uscis.gov/i-290b/eligibility.
Who needs to file Form I-290B?
The applicant or petitioner who received an unfavorable USCIS decision, and wants to appeal to the AAO or file a motion, files Form I-290B. A business or organization that filed the case can file as well; it skips Part 1, Items 1 and 2, and enters its complete name in Item 3.
Who may not file:
- A beneficiary of a petition or application, unless the law specifically permits it. An exception applies to beneficiaries of valid employment-based immigrant petitions who properly requested to change jobs under INA section 204(j) ("porting") and received a favorable porting determination: they are affected parties in revocation proceedings. USCIS also describes a beneficiary of a revoked Form I-140 who was told they may file; that person includes the revocation notice.
- Anyone appealing to the BIA, which has jurisdiction over appeals of Form I-130 and Form I-360 widow(er) petitions. Use Form EOIR-29.
- Anyone appealing a discretionary Adam Walsh Act "no risk" determination. Only a motion with the issuing office is available.
- Anyone appealing Special Agricultural Worker or Legalization applications; use Form I-694.
- Anyone appealing a Department of State consular visa denial.
A parent or legal guardian may sign for a filer under 14, and a legal guardian may sign for a mentally incompetent person. An attorney or accredited representative marks the box at the top of the form and attaches Form G-28.
When to file Form I-290B
File within 30 calendar days of the date of service of the unfavorable decision, or within 33 calendar days if USCIS mailed the decision to you. If you are appealing a decision to revoke the approval of an immigrant petition under 8 CFR 205.2, the deadline is 15 calendar days, or 18 calendar days if the decision was mailed.
For a mailed decision, the date of service is the date USCIS mailed it, not the date you received it; decisions are normally mailed the day they are issued.
A late appeal is rejected, although the office that issued the decision may decide the untimely appeal meets the requirements of a motion to reopen or reconsider and issue a separate decision. A late motion is dismissed, but a late motion to reopen may be excused if you show the delay was reasonable and beyond your control.
If you select Item 1.b. in Part 2, you will send a brief or additional evidence directly to the AAO within 30 calendar days of filing the appeal.
Documents you need
- Form G-28, only if an attorney or accredited representative files for you; select the box at the top of the form.
- A brief and/or additional evidence, for a motion: it must be filed together with Form I-290B. For an appeal, attach it only if you select Item 1.a.
- A statement on whether the decision is or has been the subject of any judicial proceeding, for every motion; if so, give the court, nature, date and status or result.
- The USCIS revocation notice, if you are the beneficiary of a revoked Form I-140 and USCIS advised you that you may file a motion or appeal.
- A letter explaining specifically why oral argument is necessary, only if you want to request oral argument before the AAO.
- A full English translation of any foreign-language document, with the translator's signed certification of completeness, accuracy and competence, printed name, date and contact information.
- Legible photocopies of supporting documents; send originals only if the instructions or USCIS ask for them, since unrequested originals may be destroyed.
- The correct filing fee, or a fee waiver request, as set out in Form G-1055 and the USCIS Fee Schedule page.
How to fill out Form I-290B
Complete the representative box
If an attorney or accredited representative files, select the box at the top and enter the State Bar Number and USCIS Online Account Number if any. Attach Form G-28.
Enter the filer's name
Part 1, Items 1.a.-1.c.: give your full legal name and Item 2, date of birth (mm/dd/yyyy). If a business or organization files, skip Items 1 and 2 and enter its full name in Item 3 without abbreviations.
Add your A-Number and account number
Item 4: enter your A-Number, or "N/A" if none. Item 5: enter your USCIS Online Account Number only if you have one; you have one only if a prior receipt number begins with IOE.
Enter your mailing address
Items 6.a.-6.i.: give the address where you want written correspondence. VAWA, T or U filers who are not safe at home can enter a safe address; Special Immigrant Juvenile filers can enter an alternate address.
Choose appeal or motion
In Part 2, select one option only. For an AAO appeal choose Item 1.a., 1.b. or 1.c.; for a motion choose 2.a. (reopen), 2.b. (reconsider) or 2.c. (both).
Identify the decision being challenged
Items 3-7: enter one form number, one receipt number, the requested classification if applicable, the date of the unfavorable decision (mm/dd/yyyy) and the issuing office. For a motion on an AAO decision, enter "Administrative Appeals Office (AAO)."
Write the basis for your filing
Part 3: for an appeal, identify the specific erroneous conclusion of law or statement of fact. A motion to reopen states new facts with documentary evidence; a motion to reconsider states reasons and any pertinent precedent decisions.
Add contact details and sign
Part 4, Items 1-3: enter your daytime telephone number, and mobile number and email if any. Sign in Item 4 and date it (mm/dd/yyyy); a parent or legal guardian may sign when applicable.
Complete the interpreter section if used
Part 5: if an interpreter read the instructions and questions to you, the interpreter gives their name, contact information and language, then signs and dates. Otherwise leave it blank or enter "N/A".
Complete the preparer section if used
Part 6: anyone other than the applicant or petitioner who prepared the form completes and signs it. If one person was both interpreter and preparer, they complete Parts 5 and 6.
Use Part 7 for extra space
Part 7: enter your name and A-Number, then the page, part and item number each answer refers to, including a continued Part 3 statement. Sign and date each extra sheet.
Review, sign and download the PDF
Check every item, the signature and the dates, then download or print the completed PDF from FillingPDF. Assemble the package and submit it through the channels described under How to submit.
How to submit Form I-290B
Form I-290B is filed on paper at the address USCIS lists for your case. Do not file it directly with the AAO.
- USCIS filing address: find the correct address on the Direct Filing Addresses for Form I-290B page, reached from www.uscis.gov/i-290b. The instructions say that page has the most current filing information.
- Later briefs or evidence for an appeal: send them directly to the AAO, even if the appeal has not yet been transferred. The AAO mailing address is at www.uscis.gov/aao. Clearly identify the related appeal, and send separate copies for each appeal if you filed several.
- Fee: a filing fee applies. See Form G-1055 at www.uscis.gov/forms or the USCIS Fee Schedule page for the amount. An incorrect or unpaid fee leads to rejection. If you send other benefit requests with this form, each needs its own fee or fee waiver request, and one payment for several requests may be rejected.
Print every page from the same edition, with the edition date and page numbers visible. A photocopy, fax or scan of an original with a handwritten ink signature is valid for filing. For questions, call the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833). FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Selecting both an appeal and a motion on one form; USCIS may dismiss or reject it. File a separate Form I-290B for each appeal or motion.
- Filing Form I-290B directly with the Administrative Appeals Office instead of the USCIS direct filing address.
- Submitting the form unsigned, or with a stamped or typewritten name; USCIS rejects it.
- Leaving the family name (or business name) or the mailing address in Part 1 blank, which leads to rejection.
- Writing a vague Part 3 statement for an appeal; it must identify the specific erroneous conclusion of law or statement of fact, even if a brief comes later.
- Not addressing every ground of ineligibility in the decision; an unaddressed issue may be deemed waived and can alone support dismissal.
- Filing a motion without the brief and any evidence, or without the statement about judicial proceedings.
- Using this form for a BIA appeal, an Adam Walsh "no risk" appeal or a Special Agricultural Worker or Legalization appeal, which use other routes.
- Appealing an AAO decision to the AAO; USCIS rejects it. Only a motion is possible.
- Listing more than one form number or receipt number in Part 2, Items 3 and 4.
Frequently asked questions
What is Form I-290B used for?
Form I-290B is used to file an appeal with the USCIS Administrative Appeals Office (AAO) or a motion with the USCIS office that issued the latest decision in your case. It is also used for certain appeals or motions on denials of Form I-17 by the ICE Student and Exchange Visitor Program.
What is the deadline to file Form I-290B?
In most cases, 30 calendar days from the date of service of the decision, or 33 days if USCIS mailed it. For an appeal of a revocation of an immigrant petition under 8 CFR 205.2, it is 15 days, or 18 if mailed. A late appeal is rejected and a late motion is dismissed.
Can I file an appeal and a motion on the same Form I-290B?
No. You may be eligible for both, but each Form I-290B can carry only one. If you select both an appeal and a motion, USCIS may dismiss or reject the form. File a separate form for each appeal or motion.
Where do I send Form I-290B?
Send it to the address listed on the USCIS Direct Filing Addresses for Form I-290B page, reached from www.uscis.gov/i-290b. Do not file it directly with the AAO. Only briefs or evidence sent after you file an appeal go directly to the AAO.
Can a beneficiary file Form I-290B?
Generally no; only the applicant or petitioner may file, unless the law specifically permits it. An exception covers a beneficiary of a revoked Form I-140 whom USCIS advised they may file, and beneficiaries with a favorable porting determination under INA section 204(j).
Can I file Form I-290B to appeal to the Board of Immigration Appeals?
No. Appeals to the BIA, such as those of Form I-130 petitions, use Form EOIR-29. Form I-290B is for appeals to the AAO and motions to the USCIS office that issued the decision.
Do I have to send a brief with my appeal?
Not with the form, but you must state the basis for the appeal on it. Select Item 1.a. if you attach a brief or evidence, Item 1.b. if you will send it to the AAO within 30 calendar days of filing, or Item 1.c. if you will send none. For a motion, the brief and evidence must be filed with the form.
Can I fill out Form I-290B online on FillingPDF?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF does not file it with USCIS and is not affiliated with USCIS; you submit the signed form through the USCIS filing channels.
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