Chapter 5 - Appeals, Motions to Reopen, and Motions to Reconsider

A petitioner may submit a Notice of Appeal or Motion (Form I-290B), with the appropriate filing fee or a request for a fee waiver, to file:[1]

  • An appeal with the Administrative Appeals Office (AAO);

  • A motion to reconsider a USCIS decision (made by the AAO, a field office, or the National Benefits Center); or

  • A motion to reopen a USCIS decision (made by the AAO, a field office, or the National Benefits Center).

The petitioner must file the appeal or motion within 30 days of the denial or dismissal, or 33 days if the denial or dismissal decision was sent by mail.[2] If the appeal relates to a revocation of an approved special immigrant juvenile (SIJ) petition, the appeal must be filed within 15 calendar days after service of the decision, or 18 days if the decision was sent by mail.[3] There is no exception to the filing period for appeals and motions to reconsider.

For a motion to reopen, USCIS may excuse the petitioner’s failure to file before this period expires where the petitioner demonstrates that the delay was reasonable and beyond his or her control.[4] 

Footnotes


[^ 1] See 8 CFR 103.3. See 8 CFR 103.5.

[^ 2] See 8 CFR 103.3(a)(2)(i). See 8 CFR 103.5(a)(1)(i). See 8 CFR 103.8(b).

[^ 3] See 8 CFR 205.2(d) (revocation appeals) and 8 CFR 103.8(b) (effect of service by mail).

[^ 4] See 8 CFR 103.5(a)(1)(i).

Current as of July 26, 2021