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I-290B, Notice of Appeal or Motion

Purpose of Form

To notify USCIS that you are appealing ,or filing  a motion to reopen, or a motion to reconsider, an adverse decision  of USCIS or a bond breach issued by ICE.

Who Should NOT File This Form:

  • The beneficiary of a visa petition that is denied or revoked by USCIS may not file an appeal or a motion for that visa petition.
  • A petitioner whose Petition for Alien Relative (Form I-130) or Petition for Widow(er) filed on Form I-360 was denied or was revoked by USCIS may not use Form I-290B to appeal the decision. The petitioner must file Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals. 
  • Do not use this form to file an appeal or motion on a Form I-601A (Provisional Unlawful Presence Waiver) or Form I-821D (Consideration of Deferred Action for Childhood Arrivals) denial. There are no appeal or motion rights for Form I-601A or Form I-821D.
  • Do not use this form to appeal a Department of State overseas consular officer’s denial of your visa application (such as DS-156, DS-156E, DS-156K, DS-117, DS-157, DS-230, or DS-260). For information about visa application denials, please go to the Department of State Web site.
  • Do not use this form to file an appeal on a Special Agricultural Worker (SAW) or Legalization Application. Appeals on these case types must be filed on Form I-694, Notice of Appeal of Decision under Sections 245A or 210 of the Immigration and Nationality Act. 

Number of Pages

Form 2; Instructions 8.

Edition Date

01/23/14. No previous editions accepted.

Where to File

File your appeal or motion in accordance with the address listed at this link: Filing Addresses for Form I-290B

Do not submit the Form I-290B directly to the Administrative Appeals Office.   

Filing Fee

$630

Special Instructions

If you are filing at a USCIS Lockbox facility:

To ensure your form is accepted:

  • Submit the correct fee.
  • Sign the form.
  • Complete the entire form, particularly these required fields:
    • Part 1, Family Name or Company/Organization Name
    • Part 3, Information About the Appeal or Motion
    • Address Fields

Special Immigrant Iraqi or Afghan Nationals who worked for or on behalf of the U.S. Government: No fee is required when Form I-290B is filed to appeal a denial of a petition for a special immigrant visa by a Special Immigrant Iraqi or Afghan National who worked for or on behalf of the U.S. Government in Iraq or Afghanistan.

Applicants under the Perez-Olano Settlement Agreement (POSA): Submit the Form I-290B with the appropriate fee or fee waiver in accordance with the filing instructions. Under Part 3, Information About the Appeal or Motion, check box “F”. Write “Perez-Olano Settlement Agreement” in Part 4, Basis for the Appeal or Motion.

The fee will not be refunded, regardless of the action taken in your case.
 

This page can be found at http://www.uscis.gov/i-290b

Last Reviewed/Updated: 02/05/2014