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-129 (E-1, E-2, E-3, TN, H-1B1||NO||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-192, See note 2 (below)||NO||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
Also, no fee
|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:
|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-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-751||NO; See Note 5 (below)||YES|
|I-800 and I-800A||YES||YES|
|I-829||NO; See note 5 (below)||YES|
|I-914 and I-914A||YES||YES|
|I-918 and I-918A||YES||YES|
|N-400||YES, using Form N-336; See note 6 (below)||YES; See note 7 (below)|
|Certificate cancelled in accordance with section 342 of the Immigration and Nationality Act||YES||YES|
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.
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.
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.
Visit our Forms section for details about each form.