How Long Do You Have to File Form I-290B After a Denial?

How Long Do You Have to File Form I-290B After a Denial?

Receiving a denial notice from United States Citizenship and Immigration Services (USCIS) can bring your plans for living and working in the U.S. to a sudden halt. At Hussain, Bendersky & Liston LLC, our attorneys understand the immense stress of an uncertain immigration status. We provide comprehensive, thoughtful legal solutions to help you navigate these kinds of immigration challenges.

If you receive an adverse decision from USCIS, you might have the option to seek further review by filing Form I-290B, Notice of Appeal or Motion. You must act swiftly, however, as you face strict deadlines:

• 30 calendar days to file most appeals and motions.
• 33 calendar days if USCIS mailed its decision to you.
• 15 calendar days to appeal the revocation of an approved immigrant petition, or 18 calendar days if USCIS mailed that revocation notice.

Before you rush to start filling out an I-290B, it’s important to understand the different actions this form can be used for, as well as which USCIS decisions are eligible.

What Is the Difference Between an Appeal, a Motion to Reopen, and a Motion to Reconsider?

Choosing the correct response can impact the future of your case significantly. These three main options serve entirely different legal purposes.

• Appeal: You request that a different, higher immigration authority review the adverse decision.
• Motion to Reopen: You ask the original office to review your case based on new, factual documentary evidence.
• Motion to Reconsider: You ask the original office to review your case because you believe they applied the law or immigration policy incorrectly.

The particular circumstances of your case will largely determine which of these you can file.

Which USCIS Decisions Qualify for an I-290B Appeal or Motion?

Whether you can submit Form I-290B at all depends entirely on the specific benefit request that USCIS denied. Certain petitions, such as Form I-140 (Immigrant Petition for Alien Workers) or Form I-129 (Petition for a Nonimmigrant Worker), may allow you to file either a motion or an appeal. However, other applications limit your options. For example, if USCIS denies your Form I-485 (Application to Register Permanent Residence or Adjust Status), you generally cannot file an appeal, but you may file a motion to reopen or a motion to reconsider.

How Much Time Do You Have to File Form I-290B After a Denial?

As outlined above, time is a critical factor in these circumstances. You must file an appeal or motion, as applicable, within 30 calendar days of the adverse decision’s date of service in most cases. USCIS grants a brief extension, allowing up to 33 calendar days, if they mailed the decision to you. Note that the “date of service” for mailed decisions is the date that USCIS mailed the decision, not the date the letter arrives in your mailbox.

If you are seeking to appeal a decision to revoke the approval of an immigrant petition, your window of time shrinks significantly. You must file the appeal within 15 calendar days, or within 18 calendar days if the notice arrived by mail.

USCIS strictly enforces these deadlines and will reject a late-filed appeal except for certain conditions. While they may excuse a late motion to reopen, they will only do so if it can be shown that the delay was reasonable and entirely beyond your control.

What Steps Should You Take Before Filing an I-290B?

You must prepare a strong, well-documented case before submitting this form. We recommend that you:

• Review the notice: Read the denial letter carefully to understand the exact grounds for refusal.
• Identify the correct path: Determine whether your case is eligible for an appeal, a motion to reopen, or a motion to reconsider.
• Gather evidence: Collect new supporting documents immediately if you plan to file a motion to reopen.
• Seek out legal counsel: Consult an experienced immigration attorney for guidance on the most appropriate filing strategy for your case.

Protect Your Immigration Future

Properly responding to a USCIS denial requires adherence to tight deadlines and complex legal procedures. Not sure how to file your Form I-290B or whether your decision is even eligible? Our team at Hussain, Bendersky & Liston LLC has a long history of helping clients achieve favorable outcomes. We are ready to provide the experience and personalized attention your case deserves. Contact us today at (312) 464-9330 to schedule a consultation and work toward resolving your immigration status.