I-290B Motion to Reopen

If your case was denied, but you have new facts pertaining to your case, you may file a Motion to Reopen.  The evidence submitted must be new - sending the same documents with a new story will not meet the requirements.

For a Motion to Reopen, the evidence must be:

  1. Material: any facts that will affect an issue in the case
  2. Unavailable at the time of the original filing OR
  3. Could not have been discovered or present at the time of the original filing

Therefore, if you failed to submit a piece of evidence that you had or could have had during the original submission, it will not qualify under a Motion to Reopen.

Ineffective Assistance from Attorney

If another attorney has given you ineffective assistance (i.e. gave you the wrong court date, failed to inform you of a date change) and that their mistake led to your denial, we can help you file a Motion to Reopen.

Denial of a Motion to Reopen

Your I-290B may be denied under 3 circumstances (assuming that you provided valid evidence):

  1. In the event that you fail to make a prima facie case (a case that is reasonably sufficient to prove your case unless rebutted)
  2. In the event that you fail to reasonably explain why information was not available sooner OR
  3. A matter of discretion

A matter of discretion means that the officer will deny your petition based on the regulations, application, and the new facts provided.  As such, the reason will be different for each unique case.

Here and T&A, we have years of experience with MTR.  Using our research and experience, we will create the best motion for your case to give you the highest chance of success.