290B Motion to Reopen and/or Reconsider
The formal administrative mechanism under 8 C.F.R. § 103.5 to challenge and overturn adverse USCIS denials, revocations, and rejections.
1. Overview of the Process & Reasons to Pursue
Form I-290B (Notice of Appeal or Motion) is the primary procedural vehicle used to challenge an adverse decision issued by a USCIS Field Office or Service Center. Under 8 C.F.R. § 103.5, an applicant or petitioner can file a **Motion to Reopen**, a **Motion to Reconsider**, or a **Combined Motion to Reopen and Reconsider**. A Motion to Reopen asks the agency to review the decision based on new factual evidence that was previously unavailable. A Motion to Reconsider asserts that the adjudicating officer made a legal error by misapplying statutory provisions, regulations, precedent case law, or USCIS Policy Manual guidance.
Why Someone Pursues This Process / How One Enters It
Filing Form I-290B is often the fastest and most cost-effective method to overturn an unlawful or erroneous USCIS denial without having to file a federal lawsuit or start an application from scratch. Successfully reopening or reconsidering a case preserves the applicant's original filing date, maintains continuous status arguments, preserves priority dates, and prevents the forfeiture of substantial government filing fees.
2. How Long the Process Usually Takes
3 to 12 months for USCIS adjudication (under federal guidelines, the office that issued the unfavorable decision has 45 days to review the motion before either granting it or forwarding it for further review).
3. Forms That Need to Be Completed
Successfully completing this process involves preparing and submitting official government petitions and affidavits:
Form I-290B
Notice of Appeal or Motion (the official USCIS motion filing form)
Comprehensive Legal Brief
Formal legal memorandum with table of authorities and evidentiary exhibits
Form G-28
Notice of Entry of Appearance as Attorney
4. Supporting Evidence & Documentation Checklist
In immigration proceedings, the applicant carries the burden of proof. A complete evidentiary packet must include:
- Copy of the adverse USCIS denial notice or revocation decision
- For Motions to Reopen: new, material facts supported by affidavits or documentary evidence that were not previously submitted and could not reasonably have been discovered prior to the decision
- For Motions to Reconsider: exhaustive legal brief citing specific statutory provisions (INA), federal regulations (8 C.F.R.), binding precedent decisions (BIA/AAO), or federal court precedent showing the officer's decision was legally erroneous
- Proof that the motion is timely filed (postmark or electronic filing confirmation within strict 30-day window)
- Proof of full fee payment or approved fee waiver
Before filing, you must audit your entire background for statutory bars, criminal inadmissibility, and prior immigration violations. Any of the following issues can lead to immediate denial, forfeiture of filing fees, or removal proceedings:
- Untimely Filing: Filing after the strict statutory deadline of 30 calendar days (or 33 days if the denial was served by mail); late filing is strictly jurisdictional and results in mandatory dismissal, unless USCIS finds the delay was reasonable and beyond the applicant's control.
- Lack of Jurisdiction: Form I-290B cannot be used for decisions where I-290B jurisdiction is excluded by regulation (e.g., Department of State visa denials, Immigration Court orders, or Form N-400 naturalization denials which require Form N-336).
- Mere Reassertion of Old Arguments: A Motion to Reconsider must cite specific legal errors; merely re-arguing previously rejected facts is legally insufficient.
- Evidence Was Previously Available: A Motion to Reopen will be denied if the 'new' evidence was available during the original proceeding and the applicant simply failed to submit it.
- Untimely Fee Payment: Any fee deficiency results in automatic rejection.
6. Government Filing Fees
Government filing fees are strictly non-refundable and set by federal regulation (USCIS, EOIR, and Department of State fee schedules):
Note: Government fees are subject to periodic regulatory updates. Fee waivers (Form I-912 or EOIR-26A) may be available for qualifying indigent applicants on select forms.
7. Possible Adjudication Outcomes
Upon review by the adjudicating agency, asylum office, or court, this process can lead to the following formal outcomes:
- Motion Granted: USCIS vacates its prior denial and either issues a direct approval notice or reopens the case for resumed adjudication.
- Motion Denied / Dismissed: USCIS affirms the original denial, finding no legal error or insufficient new material facts.
- Motion Rejected: USCIS returns the filing without review if untimely or improperly filed.
8. What Can Be Done If Your Outcome Is Negative?
If USCIS dismisses a Form I-290B motion, subsequent remedies include: (1) Filing a civil lawsuit in U.S. District Court under the Administrative Procedure Act (APA, 5 U.S.C. § 706) challenging the agency's final action as arbitrary, capricious, or an abuse of discretion; (2) Renewing the underlying application de novo before an Immigration Judge if placed in Removal proceedings; or (3) Refiling a brand-new underlying petition or application with comprehensive evidence if no statutory bar prohibits refiling.
9. Range of Legal Fees Charged by Lawyers
$3,500 to $7,000 typical attorney legal fee due to the intensive legal research, dissection of officer errors, case law analysis, and evidentiary assembly required.
At JBC Law Office, attorney Joseph B. Caraccio provides transparent flat-fee representation with written retainer agreements, personalized evidentiary assembly, and direct attorney communication at every step.