A motion to reconsider with USCIS asks the same office that denied your case to take another look because the officer misapplied the law or agency policy to the evidence already in your file. You file it on Form I-290B within 30 days of the decision, or 33 days if the decision was mailed to you, and you pay a $675 fee. No new evidence goes in. The entire argument stands or falls on showing a specific legal error in the original decision.18 CFR 103.5(a)(3)
What Counts as a Legal Error
The standard is narrow. Under 8 CFR 103.5(a)(3), you have to establish that the decision was based on an incorrect application of law or USCIS policy, and that it was wrong on the record as it existed when the officer decided the case. Your motion must be supported by pertinent precedent decisions, statutes, regulations, or statements of official agency policy.
In practice, that means pointing to exactly where the officer went wrong. Maybe the denial relied on a regulation that doesn’t govern your petition category. Maybe it ignored a binding Administrative Appeals Office precedent. Maybe it departed from the USCIS Policy Manual. Whatever the error, your brief has to engage directly with the reasoning in the denial notice and cite authority showing a different result was required.
A motion that simply disagrees with the outcome, without identifying a specific legal or policy error, will be dismissed. Citing an authority that isn’t relevant to the issues in your case also fails the eligibility standard. The burden stays on you to show the legal conclusion was objectively wrong.
Reconsider or Reopen?
Form I-290B covers both motions, and choosing the wrong one wastes the filing fee. A motion to reconsider argues the officer misapplied the law to the existing record. A motion to reopen introduces new facts backed by documentary evidence that wasn’t available at the time of decision.
If you have a new degree evaluation, a medical record, or another document that changes the factual picture, that is a motion to reopen. If you believe the officer misread a regulation or ignored a precedent, that is a motion to reconsider. You can also file a combined motion raising both, but each argument has to independently satisfy its own standard.
One difference matters at the deadline. For a motion to reopen, USCIS has discretion to excuse a late filing if the delay was reasonable and beyond your control. There is no such exception for a motion to reconsider. Late is fatal.
The 30-Day Deadline
You have 30 calendar days from the date of service of the unfavorable decision. Add three days if USCIS mailed the decision, for a total of 33. The deadline is strictly enforced. If your package arrives a day late, expect a rejection, and there is no regulatory relief available.
Filling Out Form I-290B
Every motion starts with Form I-290B, Notice of Appeal or Motion. Fill in all required fields: your name or business name, mailing address, alien registration number if you have one, and the receipt number of the denied application or petition. USCIS rejects the form when required fields are blank or the fee is missing.
The form also requires a statement about whether the unfavorable decision is currently the subject of any judicial proceeding, including the court name, the nature of the proceeding, and its status.
Attach a written brief that lays out your legal argument in full. This is your primary tool. Cross-reference specific evidence already in the file with the statutes, regulations, or precedent decisions that were misapplied, and walk through each error point by point. The reviewing officer is working through a stack of cases; a focused, organized brief lands better than a general narrative about unfairness.
Fee and Payment
The filing fee is $675. USCIS no longer accepts personal checks, money orders, or cashier’s checks for paper filings unless you qualify for a specific exemption. For paper filings, pay by credit, debit, or prepaid card using Form G-1450, or directly from a U.S. bank account using Form G-1650. If you qualify for an exemption from the electronic payment requirement, submit Form G-1651 with your payment. Fees change, so verify the current amount on the USCIS fee schedule before mailing.
A fee waiver is available in limited circumstances. Request one on Form I-912 if your underlying application was fee-exempt, had its fee waived, or was eligible for a fee waiver. Battered spouses of certain A, G, E-3, or H nonimmigrants may also qualify. Attach Form I-912 and all supporting documentation to your I-290B when you file. USCIS will not accept a fee waiver request submitted after the motion is received.
Where to Send It
The filing address depends on the type of case. Most USCIS decisions go to the Phoenix, Arizona processing facility. Special Immigrant Juvenile petitions go to Chicago. VAWA, T visa, and U visa cases have their own addresses. ICE bond breach decisions have a separate location. Your denial notice should tell you where to send the motion, and USCIS maintains a full list of direct filing addresses by case type. Mailing to the wrong address delays processing and can lead to rejection.
Filing Does Not Pause the Denial
A pending motion does not suspend the effect of the unfavorable decision. It does not extend a departure date. It does not stop USCIS from acting on the denial while the motion sits in the queue. If losing the petition means losing status, that loss takes effect on schedule. Plan for the months of processing to pass with the original decision fully in force.
After You File
USCIS sends Form I-797C, a Notice of Action, confirming receipt once the motion and fee are in the system. The receipt is not a ruling. Track your case status through the USCIS online portal using the receipt number.
If the motion is granted, the officer issues a new decision on the underlying case. If it is denied, the original unfavorable decision stands.
Decisions That This Form Cannot Challenge
Not every unfavorable USCIS decision is eligible for a motion to reconsider on Form I-290B:
- I-130 family petition denials are appealed to the Board of Immigration Appeals on Form EOIR-29, not to USCIS.
- Consular visa denials by Department of State officers cannot be challenged through USCIS at all.
- Special Agricultural Worker and Legalization cases use Form I-694.
- Beneficiaries generally cannot file. Only the applicant or petitioner can move for reconsideration.
Your denial notice should indicate whether a motion or appeal is available and which form to use. Read it before spending money.
If the Motion Is Denied
A denied motion leaves the original decision in place. Your options depend on the case. If the original decision was appealable to the Administrative Appeals Office, you may be able to appeal the denial of the motion itself to the AAO. If you remain eligible, refiling the underlying petition and fixing the issues that led to the denial can be another path. Federal court review is possible in some circumstances, though it is significantly more expensive and slower.
When an Attorney Is Worth It
These motions live and die on the quality of the legal argument. Citing the right precedent, engaging with the specific reasoning in the denial notice, and identifying the interplay of multiple regulatory provisions is work that an immigration attorney familiar with AAO precedent can do well. Attorney fees for preparing a motion to reconsider typically range from $2,000 to $6,000 depending on complexity.
If an attorney or accredited representative files on your behalf, they must submit a new Form G-28, Notice of Entry of Appearance, with the motion. That requirement applies even if the same attorney represented you on the original petition.