How to File a Motion to Reopen a Denied USCIS Case

To file a motion to reopen a denied USCIS case, submit Form I-290B with a $675 filing fee within 30 calendar days of the denial (33 days if the decision was mailed), send it to the filing address USCIS designates for your case type, and include new facts backed by affidavits or documentary evidence that directly address the reason your application was denied.

What a Motion to Reopen Does

A motion to reopen goes back to the same USCIS office that denied you and asks that office to look again in light of information it didn’t have before.¹ It is not an appeal, which routes the case to a higher authority. If the motion is granted, USCIS vacates the denial and evaluates the application again on a fuller record.

The legal standard sits in 8 C.F.R. § 103.5(a)(2): the motion must “state the new facts to be provided in the reopened proceeding and be supported by affidavits or other documentary evidence.”² That is the whole test. Your filing succeeds or fails on whether the new material genuinely changes the picture and is documented.

One boundary matters up front: filing does not pause the effect of the denial. It does not extend a departure date and does not protect your status while the motion is pending.¹ If your ability to remain in the United States depended on the denied application, you need a separate plan for the time the motion is under review.

Reopen or Reconsider — Which One You Need

Picking the wrong motion type wastes the filing fee. A motion to reopen is for new facts. A motion to reconsider is for legal error, arguing that USCIS misapplied the law or policy to evidence already in the record.¹

If you have both, file a combined motion on the same Form I-290B at no extra fee. USCIS reviews each part on its own standard and can grant one while denying the other.¹ Select the combined-motion option on the form rather than checking a single box.

What Counts as New Facts

The regulation requires new facts but does not define the word. In practice, USCIS expects information that was unavailable or did not exist when the original case was decided. Refiling the same documents, or rearranging the same arguments, will get the motion dismissed.

The evidence also has to be material, meaning it has a direct bearing on the reason USCIS denied you. A new employment letter matters if the denial rested on insufficient proof of a qualifying job offer. A new medical report matters if the denial involved a health-related ground. A general character reference rarely helps unless character was the specific issue.

Supporting documents commonly include affidavits giving firsthand accounts of the new circumstances, along with records like updated employment contracts, birth or marriage certificates, medical evaluations, or financial documents that recently became available.² Each piece should tie clearly to a specific eligibility requirement the officer said you didn’t meet. The burden sits entirely on you. If the officer can’t trace a line from your new evidence to the ground of denial, the motion fails.

Assembling the Form I-290B Package

Every motion to reopen starts with Form I-290B, Notice of Appeal or Motion.³ The same form covers appeals and motions to reconsider, so check the correct box in Part 2 to indicate a motion to reopen. Picking the wrong box means the officer applies the wrong legal standard.

The form asks for your full legal name, your A-Number if you have one, the form number of the denied application (for example, I-485, I-130, or I-140), the receipt number, and the date of the denial.³ Errors or omissions in these fields can trigger rejection before an officer reads the substance.

Include a written brief or statement with the form. Walk through each new fact, point to the specific exhibit or affidavit supporting it, and explain why the new information changes the outcome. Label supporting documents as numbered exhibits so the officer can find each reference. Confirm you are using the current edition of Form I-290B from the USCIS website; the agency rejects outdated versions.

The Filing Deadline

You have 30 calendar days from the date of the denial to file, or 33 days if USCIS mailed the decision.⁴ Missing the deadline usually means dismissal.

A narrow exception exists for motions to reopen: USCIS may excuse a late filing if you show the delay was “reasonable and beyond your control.”⁵ USCIS does not publish a list of accepted reasons, and the standard demands more than oversight. If you rely on the exception, document the reason in the motion and expect skepticism. No equivalent exception exists for a late motion to reconsider, so in a combined motion filed late, only the reopening component can be considered.

If the denial was actually a revocation of a previously approved immigrant petition under 8 C.F.R. § 205.2, the window is shorter: 15 calendar days from the revocation decision, or 18 days if it was mailed.⁴ This catches people off guard because it is half the normal window.

Fee and Payment

The filing fee is $675 and is nonrefundable whether USCIS grants or denies the motion.⁶ For paper filings, pay by credit, debit, or prepaid card using Form G-1450, or by direct bank transfer using Form G-1650. Personal checks, money orders, and cashier’s checks are no longer accepted for most filers absent a specific exemption.⁷ Online filings go through Pay.gov.

Fee waivers are available in limited situations. You can request one using Form I-912 if the underlying application was fee exempt, had its fee waived, or was eligible for a waiver. VAWA-related I-290B filings also qualify.⁸ For most employment-based and family-based petition denials, a waiver is not available.

Where to Send It

Do not mail Form I-290B directly to the Administrative Appeals Office. Filing addresses follow a routing chart based on the type of application that was denied. Most cases go to the USCIS lockbox in Phoenix, Arizona, but special immigrant juvenile petitions route to Chicago, and VAWA, T-visa, and U-visa cases have their own dedicated addresses.⁹ Sending the package to the wrong location risks rejection or delay.

Use a delivery service with tracking. You need proof of when USCIS received the package, especially if you file close to the deadline. USPS goes to P.O. box addresses; FedEx, UPS, and DHL use separate street addresses USCIS publishes for the same facilities.⁹

What Happens After You File

USCIS sends a Form I-797C, Notice of Action, confirming receipt. The notice carries a receipt number you can use to track the case online.¹⁰

Processing time depends on where the motion lands. Field offices and service centers aim to decide motions within 90 days. Motions handled by the Administrative Appeals Office target 180 days from when the AAO receives the complete file.¹¹ These are targets, not guarantees.

The officer may issue a Request for Evidence if your motion shows promise but needs more documentation. An RFE allows up to 84 calendar days to respond depending on the form type, and the officer cannot extend beyond that maximum.¹² Receiving an RFE is generally a good sign. It means the officer sees potential merit and wants the missing piece.

If the motion is granted, USCIS vacates the original denial and evaluates the application on the fuller record. Reopening does not guarantee approval; the officer can still deny on other grounds.

If the motion is denied, the original decision stands. You may be able to refile the underlying application if circumstances allow and the denial did not create a permanent bar. For certain AAO decisions, federal district court review under the Administrative Procedure Act may be available, though the court gives USCIS significant deference on factual findings. USCIS also has authority to reopen a case on its own initiative, but that is rare and not something you can request.¹

If Attorney Error Caused the Denial

When a previous attorney’s serious mistakes caused the denial, that can be the basis for reopening. In immigration court, the Board of Immigration Appeals set the procedural framework in Matter of Lozada: an affidavit describing what the attorney agreed to do and what actually happened, notice to the attorney with a chance to respond, and either a bar complaint or an explanation why one was not filed. Lozada governs immigration court proceedings rather than USCIS applications, but officers are familiar with it and the same documentation strengthens a USCIS motion built on attorney error.

VAWA, T-Visa, and U-Visa Cases

If your denied application was a VAWA self-petition or T or U nonimmigrant status case, the confidentiality protections in 8 U.S.C. § 1367 apply to your motion. USCIS uses safe mailing procedures so correspondence goes only to an address you control, and these filings go to dedicated addresses separate from the general lockbox.⁹ Fee waiver eligibility is also broader for these filings.⁸

1
U.S. Citizenship and Immigration Services. AAO Practice Manual – Chapter 4: Motions to Reopen and Reconsider
2
eCFR. 8 CFR 103.5 – Reopening or Reconsideration
3
U.S. Citizenship and Immigration Services. Instructions for Notice of Appeal or Motion
4
U.S. Citizenship and Immigration Services. I-290B, Notice of Appeal or Motion
5
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 6 Part J Chapter 5 – Appeals, Motions to Reopen, and Motions to Reconsider
6
Pay.gov. Form I-290B Notice of Appeal or Motion
7
U.S. Citizenship and Immigration Services. G-1450, Authorization for Credit Card Transactions
8
U.S. Citizenship and Immigration Services. I-912, Request for Fee Waiver
9
U.S. Citizenship and Immigration Services. Direct Filing Addresses for Form I-290B, Notice of Appeal or Motion
10
U.S. Citizenship and Immigration Services. Form I-797C, Notice of Action
11
U.S. Citizenship and Immigration Services. Questions and Answers: Appeals and Motions
12
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 1 Part E Chapter 6 – Evidence