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USCIS Appeal or Motion to Reopen: Notice of Appeal or Motion

Quick answer: Form I-290B is used to appeal a USCIS decision to the Administrative Appeals Office (AAO), or to file a motion to reopen or reconsider with the office that made the latest decision. You choose either an appeal or a motion on one form, not both. Whether you can appeal depends on the form USCIS denied. The current version is Edition 05/31/24. Checked against the official U.S. Citizenship and Immigration Services website on 2026-10-25.

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Form I-290B in short

Form I-290B is used to appeal a USCIS decision to the Administrative Appeals Office (AAO), or to file a motion to reopen or reconsider with the office that made the latest decision. You choose either an appeal or a motion on one form, not both. Whether you can appeal depends on the form USCIS denied.

Issued byU.S. Citizenship and Immigration Services (USCIS)
Current versionEdition 05/31/24 (checked 2026-10-25)
Who fills it inGenerally the applicant or petitioner who received the unfavorable decision. Beneficiaries cannot file unless the law allows it, such as certain Form I-140 beneficiaries after a revocation. Schools may use it for certain SEVP Form I-17 decisions.
Who receives itUSCIS. Do not file directly with the AAO.
Where to send itMail it to the address on the Direct Filing Addresses for Form I-290B page, which depends on the type of decision. USCIS changed the filing location for this form on Oct. 7, 2026. It accepts forms postmarked on or before Nov. 9, 2026 that are sent to a prior filing location.
DeadlineIn most cases within 30 calendar days of the decision, or 33 days if it was mailed. For appeals of a revoked immigrant petition under 8 CFR 205.2, 15 days, or 18 days if mailed. The date of service is the date USCIS mailed the decision.
Fee$800 (Form G-1055 Fee Schedule, edition 10/16/26, checked 2026-10-25). $0 in certain humanitarian categories, such as some SIJ, T, U, VAWA, and Afghan or Iraqi special immigrant cases. A fee waiver may be available if the underlying form was fee exempt or waivable. Mailed filings are paid by card (Form G-1450) or bank ACH (Form G-1650) unless you qualify for the paper payment exemption (Form G-1651).
Official linksOfficial page · Official PDF · Official instructions

What changed

The edition is still 05/31/24. USCIS changed the filing location for this form on Oct. 7, 2026. It accepts forms postmarked on or before Nov. 9, 2026 that are sent to a prior filing location.

How to fill out Form I-290B, line by line

Part 1Information about the applicant or petitioner
Your name and date of birth, or the business name, plus A-Number, online account number, and a mailing address. Name and mailing address are required.
Part 2, Items 1 and 2Appeal or motion
Select one box only. For an appeal, say whether a brief is attached, will be sent to the AAO within 30 days, or will not be sent. For a motion, choose reopen, reconsider, or both.
Part 2, Items 3 to 7Decision details
One form number and one receipt number, the classification requested, the date of the decision, and the office that issued it.
Part 3Basis for the appeal or motion
For an appeal, identify the error of law or fact. A motion to reopen states new facts with evidence; a motion to reconsider explains how law or policy was misapplied.
Part 4Contact information and signature
Sign and date. A parent or legal guardian may sign for someone under 14.
Parts 5 to 7Interpreter, preparer, additional information
Only if someone helped you. Part 7 holds extra space for the Part 3 statement.

Common mistakes to avoid

  • Filing late. USCIS rejects a late appeal and dismisses a late motion in most cases.
  • Selecting both an appeal and a motion on one form.
  • Listing more than one form or receipt number. Each decision needs its own Form I-290B.
  • Mailing it straight to the AAO. File at the address on the I-290B filing addresses page.
  • Using I-290B to appeal a denied Form I-130. Those appeals go to the Board of Immigration Appeals on Form EOIR-29.
  • Filing a motion without the brief and evidence. Unlike an appeal, a motion must include them at filing.
  • Paying one fee for several forms. USCIS may reject the package.

Questions about Form I-290B

What is the difference between an appeal and a motion?

An appeal asks the AAO to review the decision. A motion asks the office that decided the case to reopen it with new facts or reconsider it based on law or policy.

How long do I have to file?

Usually 30 days from the decision, or 33 days if it was mailed. Revocation appeals under 8 CFR 205.2 have 15 or 18 days.

How much does Form I-290B cost?

$800 under the current fee schedule, with $0 for certain humanitarian categories.

Can I appeal a denied I-130 with this form?

No. I-130 appeals go to the Board of Immigration Appeals on Form EOIR-29.

Where do I send a brief after filing an appeal?

Directly to the AAO, clearly identifying the appeal. The AAO address is at uscis.gov/aao.

Can I appeal an AAO decision to the AAO?

No. You may file a motion on an AAO decision instead.

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Sources

Checked against the official sources on 2026-10-25. PDF Editor Hub is not affiliated with the U.S. Citizenship and Immigration Services or any government agency. This page is general information, not legal or tax advice.

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