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Form Guide

I-290B - Notice of Appeal or Motion

Reviewed by Eric Provencio, Founder of VisaMind·Last updated Mar 2, 2026

Guide generated from official sources when available. Always confirm requirements on the authority’s official site.

Form I-290B, Notice of Appeal or Motion, is used to file an appeal with the Administrative Appeals Office (AAO) or a motion with the USCIS office that issued the latest decision in your case, as described in the [Notice of Appeal Under Sections 210](/en/united-states/forms/i-694) guide.

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Quick answers

What forms are filed with Form I-290B?
After approval: I-694.
What mistakes cause Form I-290B rejection?
Common issues: filing past the statutory deadline, wrong form type for your decision, missing legal basis or supporting arguments, or incomplete signatures.
What documents do I need for Form I-290B?
You'll need: the current edition of I-290B, the decision you are appealing or moving to reopen/reconsider, legal basis and arguments for the requested relief. Review the instructions for complete requirements.
What doesn't Form I-290B do?
Common misconception: filing this form does not guarantee approval of the underlying case
How long does Form I-290B take to process?
Processing times vary by case type and current workload. Check the official processing times tool for your specific situation. Do not rely on unofficial estimates.
Does filing Form I-290B grant work authorization or lawful status?
No. I-290B does not grant status or benefits. It requests review of a prior decision. Any relief depends on the outcome of the appeal or motion.

Quick summary

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Who fills it

You MUST provide this information with the Form I-290B, even if you intend to file a brief later, as described in the Form DS-260 guide, as described in the Form DS-2019 guide.

When used

When you are requesting review of an adverse agency decision

Where it goes next

Include it with your application package and follow official instructions for submission.

What it must match

Names, dates of birth, and passport details on other forms Program checklist requirements Supporting documents and translations

Overview (What is Form I-290B?)

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By understanding the form's purpose, filing requirements, and potential outcomes, applicants can effectively navigate the appeals and motions process to seek a favorable resolution to their immigration matters, as described in the U.S, as described in the [U.S. Visa Photo Requirements guide. Family Immigration Overview](/en/united-states/guides/us-family-immigration-overview) guide.

First page of I-290B form

First page of I-290B form

Source: I-290B PDF

Context and workflow

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Processing time for I-290B varies by case type and current workload — always check the official USCIS processing time tool.

Why this matters

  • This form acts as a cross-check point: details here must match other forms and supporting documents.
  • Inconsistencies often trigger returns or follow-up requests because they create uncertainty in the case record.

Where it fits in the workflow

  • Receipt Notice (a related form)
  • Notice of action regarding the appeal or motion
  • Decision on the appeal or motion

Who uses it

Form I-290B is used by applicants to file an appeal with the Administrative Appeals Office (AAO) or a motion with the USCIS office that issued the latest decision in your case. This form is applicable for certain immigration benefit types, including appeals regarding the denial of Form I-17 by the ICE Student and Exchange Visitor Program. If you are filing an appeal, it must be submitted within 30 calendar days of the date of service of the adverse decision (or within 33 calendar days if the decision was mailed to you). you may need to clearly indicate if you are filing an appeal or a motion and provide a statement regarding the basis for your appeal or motion in the space provided.

When it is used

  • When you are requesting review of an adverse agency decision
  • Before the statutory deadline for appeal or motion expires
  • When your case type allows the form of review you are seeking (appeal, motion to reopen, or motion to reconsider)
  • [object Object]
  • [object Object]
  • [object Object]

Requirements snapshot

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  • Updates information in your record so USCIS can contact you and process your case.
  • Helps ensure notices and correspondence are sent to the right address or contact point.

Failure prevention (What causes Form I-290B rejections?)

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Technical rejections

  • Submitting an unsigned form.
  • Filing both an appeal and a motion simultaneously.

Substantive weaknesses

  • Failing to provide sufficient evidence to support the appeal or motion.
  • Not clearly identifying the legal or factual errors in the original decision.
  • To avoid incomplete or incorrect information: Double-check all fields and include every required document per instructions.
  • To avoid filing after 30-day deadline: File I-290B within 30 days of the decision date; late filings are rejected.
  • To avoid missing decision notice or clear statement of error: Include a copy of the denial and a clear explanation of legal error or new evidence.

What it asks for (What does Form I-290B ask for?)

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  • Full legal name, date of birth, and mailing address of the applicant or petitioner.
  • Basis for the appeal or motion, including a statement identifying an erroneous conclusion of law or fact.
  • Your full legal name and contact information
  • Applicant identification information
  • Supporting documentation inventory
  • Eligibility or purpose details
  • Declarations and signatures
  • Receipt numbers from any pending or prior applications
  • Beneficiaries of valid employment-based immigrant visa petitions who are eligible to change jobs or employers under INA section 204(j) may file an appeal or motion.
  • Basis for the Appeal or Motion You must provide a statement regarding the basis for your appeal or motion in the space provided in Part 3
  • The information about you in Part 1
  • Their signature, printed name, the signature date, and their contact information

Sources for this section

I-290B form page

What you need (What do you need for Form I-290B?)

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  • The current edition of I-290B
  • Legal basis and arguments for the requested relief
  • Required signatures and any supporting evidence described in the instructions
  • Any brief and/or additional evidence supporting your appeal or motion
  • All evidence requested in the instructions with your form.
  • A USCIS notice, if available, is acceptable evidence of a prior related filing
  • All evidence and supporting documents listed in the What Evidence Must You Submit and/or Specific Instructions sections of these Instructions
  • The form with the required evidence and filing fee.
  • Complete all required sections, sign, and submit with required evidence.
  • Receipt numbers from any pending or previously filed applications
  • [object Object]
  • [object Object]

Sources for this section

I-290B form page

Checklist (What is the Form I-290B checklist?)

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  • Download the current I-290B and instructions from the official USCIS website
  • Review the official I-290B instructions before filing
  • Collect all necessary supporting documents as outlined in the instructions.
  • Complete all required sections of I-290B
  • Confirm the form is signed and dated in all required fields
  • Confirm all pages are from the same current I-290B edition
  • Sign and date Form I-290B, ensuring all required supporting evidence accompanies your submission.

Sources for this section

I-290B form page

Where to file

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Online filing is available for some categories — verify on the official form page. Otherwise, file by mail to the address in the instructions.

File online

Check the official I-290B page to see if online filing is available for your category.

Submit application

Paper filing addresses vary by eligibility category and state of residence. Check the official instructions for the correct filing address.

Filing locations and procedures may change. Always verify on the official USCIS website before submitting.

Official I-290B page

Fees

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There is no USCIS filing fee for Form I-290B.

Form sections (What sections does Form I-290B have?)

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Personal Information

Applicant identification.

  • Full name and A-Number if applicable
  • Date of birth and nationality
  • Current address and contact

Eligibility

Basis for the application.

  • Category or classification claimed
  • Supporting evidence type
  • Dates establishing eligibility

Supporting Documents

Required attachments.

  • Identity and status documents
  • Category-specific evidence
  • Fee payment or waiver request

Key terms

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Administrative Appeals Office (AAO)
A division of USCIS that reviews appeals of certain immigration decisions.In this form: The AAO is the body to which appeals are submitted using Form I-290B.

Strategy tips

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Strategy: File I-290B within 30 days of the decision; late filings are rejected.
Strategy: Motions to reopen/reconsider require new evidence or legal error; appeals go to AAO.
Strategy: Include the decision notice and a clear statement of error or new evidence; organize supporting documents.
Strategy: Appeal fee is required; check current fee schedule—incorrect payment causes rejection.

Mistake severity

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Mistake typeSeverityHow to avoid
Incomplete or incorrect informationDelayDouble-check all fields and include every required document per instructions.
Filing after 30-day deadlineRejectionFile I-290B within 30 days of the decision date; late filings are rejected.
Missing decision notice or clear statement of errorRFEInclude a copy of the denial and a clear explanation of legal error or new evidence.
Wrong fee or incorrect form (appeal vs motion)DelayAppeals and motions have different requirements; check fee schedule and instructions.

Examples (What are examples for Form I-290B?)

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  • Strong application: An applicant submits the form with all required documents and receives a timely decision.
  • [object Object]

Common misconceptions (What misconceptions surround Form I-290B?)

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  • Filing this form does not guarantee approval of the underlying case
  • Filing an appeal or motion does not automatically stay or reverse the original decision
  • You must meet the statutory deadline and procedural requirements for the type of review you are requesting

Edge cases and variations

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  • If you are asked to submit or update I-290B, treat it as a package update: check every place the same details appear and keep them consistent.

Scenarios

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An applicant files the application with all required supporting documents and the correct fee.

Application accepted. Biometrics may be scheduled. Case proceeds to adjudication.

Follow the evidence checklist for your category. Missing documents trigger RFEs or denial.

An applicant files before the eligibility window (e.g., I-751 outside the 90 days before conditional residence expires).

Application rejected. Fee returned. Must refile when eligible.

Verify eligibility dates carefully. Filing too early is as problematic as filing late.

An applicant forgets to sign the form.

Application rejected. Must resubmit with signature. Unsigned forms are not accepted.

Sign and date the form. Review the signature block before mailing.

Key differentiators

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  • Unlike Form EOIR-29: Form I-290B is used for appeals to the AAO, while Form EOIR-29 is used for appeals to the Board of Immigration Appeals (BIA).
  • Unlike Form I-130: Petition for Alien Relative: Supporting form: Appeal denial of family-based petition
  • Unlike Form I-140: Immigrant Petition for Alien Worker: Supporting form: Appeal denial of employment-based petition
  • Unlike Form I-129: Petition for a Nonimmigrant Worker: Supporting form: Appeal denial of nonimmigrant worker petition

Why it matters

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  • You cannot file both an appeal and a motion on a single Form I-290B.

    Why it matters: Filing both can lead to rejection of the form, delaying the review process.

  • For motions, you must submit any brief and/or additional evidence with Form I-290B.

    Why it matters: Failing to submit required evidence can result in denial of the motion.

  • If you are appealing a decision to revoke the approval of an immigrant petition, you must file the appeal within 15 calendar days.

    Why it matters: Missing the deadline can result in rejection of the appeal.

Next steps

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  • Receive a Receipt Notice (a related form) confirming the appeal or motion has been filed.
  • USCIS reviews the appeal or motion and any additional evidence submitted.
  • Receive a notice of action regarding the status of the appeal or motion.
  • USCIS issues a decision on the appeal or motion, which may uphold, reverse, or modify the original decision.

Verification

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This guide is based on official USCIS instructions for Form I-290B and is updated whenever form editions or filing rules change. Always confirm current requirements on the official USCIS website.

FAQs

What does filing Form I-290B actually accomplish?

Consult the official I-290B instructions for detailed guidance tailored to your specific immigration case and circumstances.

Is it possible to appeal any USCIS decision using Form I-290B?

Check the eligibility criteria specific to your case.

What is I-290B?

Form I-290B, known as the Notice of Appeal or Motion, is an official document issued by USCIS. To ascertain its relevance to your specific case, consult the official instructions provided.

What supporting documents do I need for I-290B?

Ensure that all evidence specified in the instructions accompanies your form submission. When filing a motion, include any brief and/or supplementary evidence alongside Form I-290B. For comprehensive guidance, consult the official instructions.

Who is eligible to file I-290B?

To gain a comprehensive understanding, please consult the official instructions.

Can I request a fee waiver for I-290B?

Review the official instructions for complete details.

When will I-290B be processed and what is the workflow?

Processing timing for I-290B varies depending on the filing category, processing location, and current application volume. Standard processing can range from a few weeks to several months. Before submitting, check the official USCIS processing times tool for the most current estimates. After filing, monitor your case status and consider whether expedited options are available.

Important

VisaMind provides informational guidance only and is not a government agency. This is not legal advice. Requirements can change and eligibility depends on your specific facts. If your case is complex or high-stakes, consult a licensed immigration attorney.

Next steps

Requirements vary by nationality, purpose, timeline, and case details. Use Find My Visa to get a personalized checklist with official sources and deadlines.

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