I-290B Notice of Appeal Or Motion
Includes: Motion to Reopen, Motion to Reconsider, and AAO Appeal
If your case was denied but you fall in one of these categories, we can help.
If you received a denial notice from USCIS stating:
- "if you disagree with this decision, you may submit a Motion to Reopen, Motion to Reopen, Motion to Reconsider"
- OR "if you disagree with this decision, you may appeal to the Administrative Appeals Office (AAO) by filing a Notice of Appeal or Motion"
we can help you file an I-290B. New information often comes up, and officers, who are often overworked and exhausted, may make a mistake. If your case falls into both MTR categories, we can help you file a combined motion to reopen AND reconsider.
For an I-290B, you must prove [see Matter of Chawathe, 25 I&N Dec. 369, 376 (AAO 2010)]
- Eligibility for the requested immigration benefit by a preponderance of the evidence.
- This means that your claim must be "probably true" based on the factual circumstances of the individual case.
At Tsang & Associates, we boast a high success rate for MTR filings.
FREQUENTLY ASKED QUESTIONS
Motion to Reconsider vs. Appeal
While in both cases you believe that your denial was a mistake on the part of the officer, there are two distinct differences:
- The same officer and his/her supervisor will be reviewing the Motion to Reopen, whereas an appeal would be sent to an immigration judge.
- An appeal takes longer. Check the AAO Processing Times Chart for your specific case.
We can help you see which one is better.
How long do I have to file an MTR?
Generally, the time limit is 30 days (33 if decision was mailed); however, you can check the deadline for your case by examining the bottom of your denial paper.
I forgot to submit my RFE. Can I file an I-290B Appeal or MTR?
Unfortunately, simply forgetting to submit your RFE does not qualify you for a Motion to Reopen or Reconsider. It must be due to:
- RFE was sent to incorrect address
- Requested evidence was not material
- Reply was properly submitted but lost or never received.
An attorney's mistake caused my denial
If your denial was caused by ineffective assistance of another attorney, it may be possible to file a Motion to Reopen, depending on the circumstances.
Can I travel during an I-290B petition?
No, because departure from the U.S., either voluntarily or involuntarily, constitutes "withdrawal" and result in a denial.