To ask USCIS to take another look at a denied case, you file a motion under 8 CFR 103.5 — either a motion to reopen, based on new evidence, or a motion to reconsider, based on a legal error in the original decision. Both go on Form I-290B, both must be filed within 30 days of the denial, and both are decided by the same USCIS office that issued the decision rather than by the Administrative Appeals Office or a court.1eCFR. 8 CFR 103.5 – Reopening or Reconsideration2U.S. Citizenship and Immigration Services. I-290B, Notice of Appeal or Motion One thing to understand up front: filing the motion does not pause a removal order or extend a departure date.
Which Motion Fits Your Case
The two motions solve different problems, and picking the wrong one wastes the filing.
A motion to reopen is for new facts. You identify information that was not part of the record when USCIS decided the case, and you back it up with sworn statements or documents.1eCFR. 8 CFR 103.5 – Reopening or Reconsideration Resubmitting what USCIS already reviewed does not count as new.3U.S. Citizenship and Immigration Services. AAO Practice Manual – Chapter 4, Motions to Reopen and Reconsider The new evidence also has to address the specific reason the case was denied. If the denial cited insufficient proof of financial capacity, the motion needs the missing bank statements or tax transcripts, not generic support that leaves the deficiency untouched.
The regulation carves out a specific route for cases denied as abandoned. You can reopen an abandonment denial by showing that the evidence USCIS requested was not actually relevant to your eligibility, that you did submit the required materials on time, or that USCIS sent its request to the wrong address.1eCFR. 8 CFR 103.5 – Reopening or Reconsideration
A motion to reconsider is for legal error. You argue that USCIS misapplied the law to the evidence it already had, and you support the argument with precedent decisions.1eCFR. 8 CFR 103.5 – Reopening or Reconsideration No new documents are allowed; the review is confined to the existing record. General disagreement with the outcome will not work. The motion needs to identify exactly where the officer went wrong: the wrong legal standard, an ignored Board of Immigration Appeals decision, a misreading of the USCIS Policy Manual. Specific citations to statute, regulation, or agency precedent do the persuading.
Filing Both at Once
If your case has both problems — an evidentiary gap and a legal error — Form I-290B lets you file a combined motion in a single submission.3U.S. Citizenship and Immigration Services. AAO Practice Manual – Chapter 4, Motions to Reopen and Reconsider Each part is evaluated independently under its own standard. USCIS can grant both, grant one and deny the other, or deny both. In the brief, keep the two arguments clearly separated so the adjudicator applies the right standard to each.
The 30-Day Deadline
Both motions must be filed within 30 days of the unfavorable decision.1eCFR. 8 CFR 103.5 – Reopening or Reconsideration When USCIS mailed the decision rather than handing it to you, 8 CFR 103.8(b) adds three days, for 33 total.4eCFR. 8 CFR 103.8 – Service of Decisions and Other Notices These deadlines are firm. Missed deadlines are one of the most common reasons motions get rejected before the agency ever looks at the merits.
There is one narrow safety valve, and it applies only to motions to reopen. USCIS has discretion to excuse a late filing if the delay was reasonable and beyond your control.3U.S. Citizenship and Immigration Services. AAO Practice Manual – Chapter 4, Motions to Reopen and Reconsider The regulation does not spell out what qualifies, but circumstances like a serious medical emergency or mail that never arrived can be argued. No comparable discretion exists for motions to reconsider. Miss the 30-day window on that one and the path is closed.
How to File Form I-290B
Filling Out the Form
Form I-290B, Notice of Appeal or Motion, is the required form for every motion under 8 CFR 103.5, and it is available on the USCIS website.2U.S. Citizenship and Immigration Services. I-290B, Notice of Appeal or Motion Mark whether you are filing a motion to reopen, a motion to reconsider, or a combined motion. Include the 13-character receipt number (three letters, ten digits) from your denial notice.
Every field must be completed, and the form must be signed. An unsigned form gets rejected with no chance to fix it.5U.S. Citizenship and Immigration Services. Instructions for Notice of Appeal or Motion The brief and supporting documents carry the argument, but the summary on the form itself needs to be clear enough that the adjudicator can see immediately what you are claiming.
Where to Send It
Mail the form to the correct USCIS Lockbox for the type of application or petition that was denied. Do not send it directly to the Administrative Appeals Office.6U.S. Citizenship and Immigration Services. Direct Filing Addresses for Form I-290B, Notice of Appeal or Motion USCIS publishes a page listing the Lockbox for each case category. Most motions route to Phoenix, but some case types — including Special Immigrant Juvenile petitions and ICE bond breach notices — go to Chicago, and VAWA, T-visa, and U-visa cases have their own addresses that vary by state. Wrong address means rejection or delay, and delay can push you past 30 days.
Fee and Payment
The filing fee for Form I-290B is $675 for most applicants. Verify the current amount on the USCIS fee schedule (Form G-1055) before filing, because fees can change.5U.S. Citizenship and Immigration Services. Instructions for Notice of Appeal or Motion
A significant change took effect in late 2025. USCIS no longer accepts personal checks, business checks, money orders, or cashier’s checks for paper-filed forms. Pay electronically using either Form G-1450 (credit, debit, or prepaid card) or Form G-1650 (ACH from a U.S. bank account).7U.S. Citizenship and Immigration Services. USCIS to Modernize Fee Payments with Electronic Funds Sending a check or money order will get the filing rejected.
Fee Waiver
If you cannot afford the fee, you may be eligible for a waiver by filing Form I-912 alongside your motion. The I-290B qualifies for a fee waiver if the original underlying application was itself fee-exempt, had its fee waived, or was eligible for one. USCIS evaluates waiver requests based on inability to pay: current receipt of a means-tested benefit, income below 150% of the Federal Poverty Guidelines, or documented financial hardship. A means-tested benefit claim requires documentation of who receives the benefit, the granting agency, the benefit type, and proof that it is active.8U.S. Citizenship and Immigration Services. I-912, Request for Fee Waiver Certain humanitarian categories, including VAWA self-petitioners and trafficking victims, may qualify for fee exemptions tied to their underlying case.9USCIS. Policy Manual – Fee Waivers and Fee Exemptions
After You File
USCIS issues a Form I-797 receipt notice with a new tracking number once it receives the motion. Field offices and service centers aim to decide motions within 90 days. When the AAO handles the motion, the target is 180 days from receipt of a complete file.10U.S. Citizenship and Immigration Services. Questions and Answers – Appeals and Motions Some cases run longer. The written decision arrives by mail.
The point that catches people off guard: a pending motion does not stop a removal order or extend a departure date.1eCFR. 8 CFR 103.5 – Reopening or Reconsideration Enforcement can proceed while USCIS reviews your papers. If you are in removal proceedings, a stay of removal is a separate request handled by ICE, not by USCIS, and it needs its own filing.
If the Motion Is Denied
A denial narrows your options but does not close them entirely. You can generally file another motion to reopen if you have genuinely new evidence that was not available before, or another motion to reconsider if the denial itself contained a legal error. Each new motion restarts the 30-day clock from the date of that denial.
Federal court review is sometimes available under the Administrative Procedure Act, and federal district courts have jurisdiction over many USCIS denials. Some discretionary decisions are shielded from judicial review by statute, and the answer depends heavily on the benefit type and the legal basis for the denial. The jurisdictional rules are genuinely complex and the deadlines unforgiving, so this is a decision to make with an immigration attorney rather than alone.
When USCIS Reopens a Case on Its Own
The regulation also lets USCIS officers reopen or reconsider their own decisions without a motion from you. If the new decision is favorable, the agency combines the reopening and the new decision into a single action and you receive the result. If a sua sponte reopening might produce an unfavorable decision, the officer must notify you and give you 30 days to file a brief before issuing it; you can waive that period to get a faster resolution.11GovInfo. 8 CFR 103.5 – Reopening or Reconsideration This authority is used sparingly, but it is the mechanism the agency uses to correct its own errors in either direction.