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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, 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-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-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 (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-924 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 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. 

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.

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