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When to Use Form I-290B, Notice of Appeal or Motion

Whether you can use Form I-290B to seek further review of an adverse decision depends on:

  • The benefit request that USCIS denied (for example: I-129; I-601); and
  • Whether you wish to pursue a motion or an appeal.

The chart below lists benefit types (by form number), and whether you may file a motion or appeal. 

USCIS made an adverse decision on this form:

Can I appeal the decision?

Can I file a motion to have the matter reopened or reconsidered?

I-90

NO

YES

I-102

NO

YES

I- 129 (E-1, E-2, E-3, TN, H-1B1)

NO;

YES

I-129CW

YES

YES

I-129F

YES

YES

I-129, H1-B, H-2, H-3, L, O, P, Q, R

YES
See Note 1

YES

I-130                      

YES, using Form EOIR-29.

YES

I-131, Re-entry Permit and Refugee Travel Document.

YES

YES

I-131, All Others

NO

YES

I-140

YES

YES

I-191

NO

YES

I-192, See note 2

NO

YES

I-193

NO

YES

I-212

YES

YES

I-290B

NO

YES

I-352

YES

YES

I-360, part 2, item a, items c thru m.

YES

YES

I-360, Part 2, Item b, Widow(ers)

YES, using Form EOIR-29.

YES

I-360, part 2, items k and l

YES.

Also, no fee.

YES.

Also, no fee.

I-485

NO

YES

I-485, if denied solely due to failure to prove bona fide marriage while in proceedings

YES

YES

I-485, for Indochinese refugee under either:

  • Public Law 106-429 sec. 586; or
  • Public Law 95-145 sec. 103.

YES

YES

I-485, part 2, item h, Refugee.

NO

YES

I-485, Cuban Adjustment.

NO

YES

I-485, U and T visas.

YES

YES

I-485, section 13.

YES

YES

I-485, part 2, item h, Life Act.

YES

NO

I-485, part 2, item h, all others.

NO

YES

I-526

YES

YES

I-539

NO

YES

I-589

NO

YES

I-600/I-600A

YES

YES

I-601

YES

YES

I-601A

NO

NO

I-602

NO

YES

I-612

YES;
See note 3.

YES;
See note 3.

I-687

YES, using Form I-694.

NO; See note 4.

I-690

YES, using Form I-694.

YES

I-698

YES, using Form I-694.

NO

I-700

YES, using Form I-694.

NO

I-730

NO

YES

I-751

NO;
See note 5.

YES

I-765

NO

YES

I-800/I-800A

YES

YES

I-817

NO

YES

I-821

YES

YES

I-821D

NO

NO

I-824

NO

YES

I-829

NO;
See note 5.

YES

I-881

NO

YES

I-905

YES

YES

I-914 and I-914A

YES

YES

I-918 and I-918A

YES

YES

I-924

YES

YES

I-929

YES

YES

N-300

NO

YES

N-400

YES, using Form N-336; See note 6.

YES;
See note 7.

N-470

YES

YES

N-565

YES

YES

N-600

YES

YES

N-600K

YES

YES

N-644

NO

YES

Certificate cancelled in accordance with section 342 of the Immigration and Nationality Act.

YES

YES

NOTES:

1.  If a request to extend a stay or to change status is denied but the underlying petition for non-immigrant classification is approved, you may file a motion but not an appeal. 

2.  Only T and U nonimmigrants can file Form I-192 through USCIS. All others must file this form through DHS Customs and Border Protection. 

3.  The decision is not reviewable if the basis for the denial is that the number of waivers granted to the State in which the foreign medical graduate will be employed would exceed 30 for that fiscal year or is based on an unfavorable recommendation by the Department of State. If the denial is made for any other reason, you may either appeal or file for a motion regarding the decision. 

4.  There are a few exceptions permitting a motion to reopen (MTR) based on court decisions and settlements, e.g., NWIRP and Proyecto San Pablo.  Under these exceptions, you may file a MTR (Form I-290B). 

5.   Conditional residents placed in removal proceedings when their Form I-751 or Form I-829 is denied may seek to have an immigration judge review the denial. This review would occur during the removal proceedings. 

6.  You can request a hearing if your Form N-400 is denied after your eligibility interview, and if you believe you can overcome the grounds for denial. 

To do so, submit Form N-336, Request for Hearing on a Decision in Naturalization Proceedings Under Section 336 of the INA, with fee within 30 days after receiving the denial notice. (You have 33 days if USCIS mailed the notice.) 

Once you submit the N-336, you can have a hearing scheduled before an immigration officer to present additional documentation and testimony in support of your eligibility. 

Also, applicants whose N-400 is denied because they failed the English or civics test and who file Form N-336 in a timely manner can retake any portion of the failed test. 

If an N-336 is NOT filed in a timely manner:

  • USCIS can treat it as a request for a motion, if it meets the requirement for either a motion to reopen or a motion to reconsider.
  • Since USCIS will treat the N-336 request as a motion,the applicant does not need to file an I-290B.
  • In such instances, USCIS renders a decision on the merits of the case.
  • If the request does not meet the motion requirements, USCIS will reject it because it was not timely filed and will NOT refund the filing fee.

If your N-400 case was administratively closed because you failed to appear for an initial interview, you may submit a written request, without fee, to reopen the case. No I-290B or N-336 is required.  

7.  If USCIS’s National Benefits Center (NBC) denies the N-400 application the NBC will provide information through the Denial Notice on how to file a motion. No fee or Form I-290B is required.

Applicants whose N-400 application is denied by a USCIS field office may submit a Form I-290B to file a motion on the denial, with fee and in accordance with the Form I-290B instructions.

The I-290B process allows for reopening or reconsideration of N-400 decisions. The decision whether or not to reopen or reconsider an N-400 case is based on information in the applicant’s record.

Additional Resources

Download and get more information about Form I-290B online

Visit our Forms section for details about each form.

Last Reviewed/Updated: 08/21/2013