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: Form I-129; Form 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, H-1B, H-2, H-3, L, O, P, Q, R | YES; See Note 1 (below) | 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-131A | NO | NO |
| I-140 | YES | YES |
| I-191 | NO | YES |
| I-192, See note 2 (below) | NO | YES |
| I-193 | NO | YES |
| I-212 | YES | YES |
| I-290B | NO | YES |
| I-352 (ICE) | YES | YES |
| I-360, Part 2, Item A, items C through 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-407 | NO | NO |
| 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:
| 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 and I-526E | 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 (below) | YES; See note 3 (below) |
| I-687 | YES; using Form I-694 | NO; See note 4 (below) |
| 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 (below) | YES |
| I-765 | NO | YES |
| I-800 and 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 (below) | YES |
| I-881 | NO | YES |
| I-905 | YES | YES |
| I-910 | NO | YES |
| I-914 and I-914A | YES | YES |
| I-918 and I-918A | YES | YES |
| I-956 and I-956F | YES | YES |
| I-929 | YES | YES |
| N-300 | NO | YES |
| N-400 | YES, using Form N-336; See note 6 (below) | YES; See note 7 (below) |
| 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 USCIS denies a request to extend a stay or to change status but approves the underlying petition for non-immigrant classification, 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 U.S. 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, such as 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 Form N-336, you can have a hearing scheduled before an immigration officer to present additional documentation and testimony in support of your eligibility.
Also, if your N-400 is denied because you failed the English or civics test and you file Form N-336 in a timely manner, you can retake any portion of the failed test.
If Form N-336 is NOT filed in a timely manner:
- USCIS can treat the Form N-336 request as a motion, you do not need to file a Form I-290B.
- Because USCIS will treat the N-336 request as a motion, the applicant does not need to file an I-290B.
- In these situations, USCIS makes 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 Form N-400 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 Form I-290B or Form N-336 is required.
7. If USCIS’s National Benefits Center (NBC) denies the Form N-400 application, the NBC will provide information in the Denial Notice on how to file a motion.
Applicants whose Form 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 Form I-290B process allows for reopening or reconsideration of Form N-400 decisions. The decision whether to reopen or reconsider Form 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 All Forms section for details about each form.