Motion to Reopen with USCIS: Form I-290B, Deadline, and Fees

A motion to reopen with USCIS asks the same office that denied your case to look at it again based on new evidence that wasn’t in the original record. You file it on Form I-290B within 30 calendar days of the denial, or 33 days if USCIS mailed the decision to you. Miss that window, file the wrong type of motion, or submit evidence that doesn’t address the specific reasons for denial, and USCIS will dismiss the motion without reaching the merits.

What Counts as New Evidence

The regulation at 8 CFR 103.5 sets the bar: your motion must present new facts backed by documentary evidence.¹ “New facts” means information that did not exist or was not available when USCIS made the original decision. Resubmitting the same documents you already provided, or restating arguments the officer already considered, won’t work.²

The evidence has to speak directly to the reasons USCIS gave for denying your case. If a family-based petition was denied for insufficient income, new tax transcripts or an employment contract issued after the denial would fit. A general letter from your employer restating what USCIS already saw would not. Each document should connect clearly to a ground of denial cited in the decision notice.

Reopen, Reconsider, or Appeal: Picking the Right Box

Form I-290B covers three different filings, and choosing wrong changes the legal standard USCIS applies to your case.

Motion to reopen. You have new evidence that wasn’t available before. The same office that denied the case reviews the new facts to decide whether they change the outcome.²
Motion to reconsider. You believe USCIS applied the law or policy incorrectly to the facts already in the record. No new evidence is considered. You must point to a specific statute, regulation, precedent decision, or policy statement the officer got wrong.²
Appeal. A different authority reviews the decision. For most USCIS denials, appeals go to the Administrative Appeals Office (AAO).

You can file a combined motion to reopen and reconsider if you have both new evidence and a legal error to raise. What matters is checking the correct box on the form. If you select “motion to reopen” when you actually need to argue a legal error, the officer will apply the wrong standard; if you select “motion to reconsider,” your new evidence will be ignored entirely.

The 30-Day Deadline

You have 30 calendar days from the date of the unfavorable decision to file, or 33 days if USCIS mailed the decision to you.³ The window is short and strictly enforced. A filing that arrives on day 34 will normally be dismissed without the officer reading your evidence.

One narrow exception exists, and only for motions to reopen: USCIS has discretion to excuse a late filing if you can show the delay was reasonable and beyond your control.¹ The exception does not apply to motions to reconsider or appeals. If you’re late, include a detailed explanation and supporting evidence of what prevented timely filing, such as a serious medical emergency or a natural disaster. USCIS treats this as genuinely extraordinary, so don’t count on it.

Who Can File, and Which Cases Are Excluded

Only the applicant or petitioner can file Form I-290B. If you’re the beneficiary of a petition someone else filed on your behalf, you generally cannot file this motion yourself; the petitioner has to act.³

Some case types are outside the reach of Form I-290B entirely. Denials of legalization applications under section 245 of the Immigration and Nationality Act, Special Agricultural Worker petitions, and Legal Immigration Family Equity Act legalization applications cannot be reopened through an applicant-filed motion.² You also cannot use this form to challenge a consular officer’s denial at the Department of State, or to file an appeal that belongs to the Board of Immigration Appeals, such as certain I-130 family petition appeals.³

USCIS retains authority to reopen a case on its own initiative (a sua sponte reopening), which doesn’t require anything from you.² In practice, these are rare, and there is no formal process to request one.

Filling Out and Filing Form I-290B

Download Form I-290B from the USCIS website.³ You’ll need your full legal name, current mailing address, and Alien Registration Number if you have one, along with the receipt number from the denied application and the name of the USCIS office that issued the decision. Both are printed on the denial notice.

The Supporting Brief

A written statement or legal brief should accompany the form, and this is where most motions succeed or fail. The brief needs to do three things: identify the specific grounds of denial from the original decision, explain what new evidence you’re submitting, and connect that evidence to the legal requirements for the benefit you originally sought. Vague statements about improved circumstances won’t work. Walk the officer through each denial ground and show exactly which document addresses it.

Affidavits from witnesses or subject-matter experts can be powerful supporting evidence. Have them notarized. Any document not in English needs a certified translation. Label every exhibit clearly and reference each one by name in the brief so the officer doesn’t have to guess which document goes with which argument.

Filing Fee and Payment

USCIS charges a filing fee for Form I-290B. Check the current amount on the USCIS Fee Schedule page before filing, because the agency announced inflation-based adjustments for fiscal year 2026 that may have changed the amount from the previous $800 figure.³

For paper filings, USCIS no longer accepts personal checks, money orders, or cashier’s checks. You pay electronically using one of two methods: a credit or debit card through Form G-1450, or a direct transfer from a U.S. bank account through Form G-1650.⁴ If your bank has an ACH debit block, contact the bank ahead of time to whitelist the appropriate USCIS agency location code, or the payment will fail and your filing will be rejected.⁵

Fee waivers on Form I-912 are available for I-290B, but only in limited situations: the underlying application or petition itself must have no fee or be eligible for a fee waiver. If you qualify, you must show either that your household income is at or below 150 percent of the Federal Poverty Guidelines, that you or a qualifying family member receives a means-tested government benefit, or that you face financial hardship from circumstances like a medical emergency, unemployment, or homelessness.⁶

Where to Mail It

The correct mailing address depends on the type of case and which USCIS office made the original decision. Most denials go to the USCIS lockbox in Phoenix, Arizona. Certain case types, including Special Immigrant Juvenile petitions, bond breach appeals, and VAWA or trafficking-related decisions, go to the Chicago lockbox or other designated addresses. The address also differs depending on the carrier: USCIS lists separate addresses for the U.S. Postal Service and for private carriers like FedEx, UPS, and DHL. Using a private carrier address with USPS, or the reverse, means the package may not reach the right intake facility. Check the USCIS Direct Filing Addresses page for Form I-290B before mailing.⁷

Motions Based on Ineffective Assistance of Counsel

If your original application was denied because your attorney did a poor job, you may be able to reopen the case by claiming ineffective assistance of counsel. The Board of Immigration Appeals established specific procedural requirements for these motions in Matter of Lozada. You need to meet all three:

A detailed sworn affidavit from you describing your agreement with the attorney, what the attorney was supposed to do, and what representations were made or not made about your case.
Notice to the attorney whose performance you are challenging, informing them of the specific allegations and giving them a chance to respond. Include any response, or explain that the attorney failed or refused to respond.
An explanation of whether you have filed a complaint with the relevant bar association or disciplinary authority. If you have not, explain why not.

These requirements exist because accusing an attorney of incompetence is a serious claim, and USCIS expects documentation rather than bare assertions. Failing any of the three Lozada requirements is usually enough for USCIS to deny the motion without going further. The disciplinary complaint step is the one people most often skip, and it almost always costs them the case.

What Happens After You File

USCIS sends a Form I-797C, Notice of Action, confirming receipt. Use the receipt number on that notice to track your motion through the USCIS Case Status Online portal.⁸

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 the complete case file.⁹ Some cases take longer. During review, USCIS may issue a Request for Evidence if your submission lacks enough detail to overcome the prior denial. You’ll receive a written notice that either grants the motion and reopens the case for further review, or upholds the original denial.

Filing Does Not Protect Your Status

This catches many people off guard: filing a motion to reopen does not automatically pause or delay anything. It does not stop the execution of a removal order, extend a departure date, or restore an expired status while the motion is pending.² If you are in the United States without valid status and the underlying denial triggered removal proceedings, the motion alone will not protect you from enforcement action. Speak with an immigration attorney immediately, not just about the motion but about whether any other form of relief might provide a stay while the case is being reconsidered.

Costs Beyond the Filing Fee

The filing fee is the starting point. If you hire an immigration attorney to prepare the motion, expect flat fees in the range of $2,000 to $6,000 or more, depending on the complexity of your case and how much new evidence needs to be gathered and organized. Notarizing affidavits typically costs a few dollars per signature, though fees vary by state and can increase if you need a mobile notary or remote online notarization. Certified translations of foreign-language documents add to the total.

Budget for these costs early. A motion to reopen is not a filing you want to rush because you ran out of money for translations or expert affidavits with only a few days left before the deadline.

1
eCFR. 8 CFR 103.5 – Reopening or Reconsideration
2
U.S. Citizenship and Immigration Services. AAO Practice Manual – Chapter 4: Motions to Reopen and Reconsider
3
U.S. Citizenship and Immigration Services. I-290B, Notice of Appeal or Motion
4
U.S. Citizenship and Immigration Services. USCIS to Mandate Electronic Payments for Applications
5
U.S. Citizenship and Immigration Services. G-1650, Authorization for ACH Transactions
6
U.S. Citizenship and Immigration Services. Instructions for Request for Fee Waiver
7
U.S. Citizenship and Immigration Services. Direct Filing Addresses for Form I-290B, Notice of Appeal or Motion
8
U.S. Citizenship and Immigration Services. Case Status Online
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U.S. Citizenship and Immigration Services. Questions and Answers: Appeals and Motions