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USCIS Denials - Can you appeal or file a motion after USCIS denied your case?
Denice Flores • June 8, 2023
Did U.S. Citizenship and Immigration Services (USCIS) deny your application? You may still have the opportunity to appeal the decision or file a motion in your case.
Note, this information does not apply to cases denied by an Immigration Judge before the Immigration Court. This is only for cases filed with USCIS.
You may appeal USCIS’s decision or request USCIS to reconsider the denial by filing Form I-290B, Notice of Appeal or Motion. An appeal is filed with the Administrative Appeals Office (AAO). A Motion is filed with the USCIS office that issued the latest decision in your case, this may include a field office, service center, or the AAO.
Please be mindful that only the applicant or petitioner of the case may file Form I-290B. The beneficiary of the petition or any attorney of the beneficiary may not file an appeal or motion.
In most cases, pursuant to Title 8, C.F.R. §103.5(a)(1)(i), an appeal or motion must be filed within 30 calendar days of the date of the USCIS decision. However, if USCIS sent the decision by mail, the date the decision was mailed is the date to start counting the 30 days. USCIS may deny a late-filed appeal or motion. Please note, if filing a Motion to Reopen past the 30 days, USCIS may still accept the motion if it determines that the delay was reasonable and beyond your control.
When filing Form I-290B, you must include all evidence and supporting documents to support your appeal or motion. If filing a motion, this may include a legal brief and if filing a Motion to Reopen past the 30 days of decision, this may include evidence to show that the delay was reasonable and beyond your control.
Another critical point, do not forget to include the filing fee of $675 when submitting Form I-290B to USCIS. Failure to pay the correct amount will result in USCIS rejecting your appeal or motion.
Additionally, the address where you file Form I-290B, depends on the type of application that USCIS denied and that you are appealing or filing a motion for. You may reference the USCIS website (https://www.uscis.gov/i-290b-addresses) to determine which address is appropriate for your case.
If you have any questions about the type of evidence to include, where to file your appeal or motion, or if you are wondering if you may appeal or file a motion in your case, please schedule a consultation with one of our experienced attorneys right away and we will be more than happy to assist you.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
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