Revised Form 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A petitioner whose Petition for Alien Relative (Form I-130) or Petition for Widow(er) filed on Form I-360 was denied or was revoked by USCIS may not use Form I-290B to appeal the decision.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. (USCIS will accept editions dated 11/1/12; 03/14/11; 11/23/10; 04/21/10; 02/10/09; and 03/04/08 until April 5, 2014. After April 5, we will only accept the 01/23/14 edition).

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

Agency

Immigration Law

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