Migratio United States · Guides · Find legal help · For lawyers

Form I-290B: how appeals and motions on a USCIS decision work under 8 CFR 103.3 and 103.5

Form I-290B is the notice of appeal or motion for USCIS decisions that the Board of Immigration Appeals does not review. The fee is $800 (8 CFR 106.2(a)(16)) and the deadline is 30 days from service of the decision (8 CFR 103.3(a)(2)(i) and 103.5(a)(1)(i)). Some decisions, such as an I-485 denial or an I-130 denial, are handled differently.

Form I-290B is the form most people are told to look for after a USCIS denial. It is also the form most often used in the wrong place. It handles two different things, an appeal and a motion, and it does not cover decisions that other rules route to the Board of Immigration Appeals (BIA) or that the regulations say cannot be appealed at all.

This page sets out what the regulations say as at 9 October 2026, from the eCFR and the Federal Register: what the form is, the 30-day deadline, the fee, the difference between an appeal and a motion to reopen or reconsider, the decisions that have their own rules, the ways a filing is rejected, and what is known about electronic filing. It does not say whether any particular denial should be challenged or which route suits a case. Those are legal judgments that depend on the denial notice, the form involved and the person's history. Only an attorney or a DOJ-accredited representative can advise on them.

What the form is, and what it costs

The fee rule is 8 CFR 106.2(a)(16). It describes the form as the "Notice of Appeal or Motion, Form I-290B," used "For appealing a decision under the immigration laws in any type of proceeding over which the Board of Immigration Appeals does not have appellate jurisdiction, and for filing a motion to reopen or reconsider a USCIS decision." The fee is $800. Two further points sit under it.

  • "The fee will be the same for appeal of or motion on a denial of a benefit request with one or multiple beneficiaries" (106.2(a)(16)(i)).
  • "There is no fee for conditional permanent residents who filed a waiver of the joint filing requirement based on battery or extreme cruelty and filed a Notice of Appeal or Motion (Form I-290B) when their Petition to Remove the Conditions on Residence (Form I-751) was denied" (106.2(a)(16)(ii)).

The fee is "nonrefundable" for a motion (103.5(a)(1)(iii)(B)), and 103.2(a)(1)(v) adds that "Filing fees generally are non-refundable regardless of the outcome of the benefit request."

Fee waiver. 8 CFR 106.3(a)(3)(ii)(D) lists the I-290B among the forms whose fee may be waived on conditions: "when there is no fee for the underlying application or petition or that fee may be waived." A person who wants a waiver must show inability to pay under one of the three criteria in 106.3(a)(1): receipt of a means-tested benefit, household income "at or below 150 percent of the Federal Poverty Guidelines," or extreme financial hardship. "There is no appeal of the denial of a fee waiver request" (106.3(a)(2)). The USCIS fee schedule, G-1055, and the form instructions are the places to confirm the current figure before paying; the fee in the CFR is the starting point, not the last word.

Appeal or motion: the two things the form does

The same form serves two different procedures, and the regulations treat them differently.

An appeal asks a higher body to review the decision. For decisions under the Administrative Appeals Unit (AAU), 8 CFR 103.3(a)(1)(iv) calls the AAU "the appellate body which considers cases under the appellate jurisdiction of the Associate Commissioner, Examinations." The appeal must be filed on Form I-290B. 103.3(a)(2)(i): "The affected party must submit the complete appeal including any supporting brief as indicated in the applicable form instructions within 30 days after service of the decision."

A motion asks the same office that decided the case to look again. Under 8 CFR 103.5(a)(1)(i), when "the affected party files a motion, the official having jurisdiction may, for proper cause shown, reopen the proceeding or reconsider the prior decision." There are two kinds.

  • A motion to reopen "must state the new facts to be provided in the reopened proceeding and be supported by affidavits or other documentary evidence" (103.5(a)(2)).
  • A motion to reconsider "must state the reasons for reconsideration and be supported by any pertinent precedent decisions to establish that the decision was based on an incorrect application of law or Service policy." For a decision on an application or petition it "must, when filed, also establish that the decision was incorrect based on the evidence of record at the time of the initial decision" (103.5(a)(3)).

The deadline for a motion is also 30 days: a motion to reconsider "must be filed within 30 days of the decision that the motion seeks to reconsider." A motion to reopen has the same 30 days, "except that failure to file before this period expires, may be excused in the discretion of the Service where it is demonstrated that the delay was reasonable and was beyond the control of the applicant or petitioner" (103.5(a)(1)(i)).

Counting the days. Where a notice is served by mail, 8 CFR 103.8(b) adds time: "Whenever a person has the right or is required to do some act within a prescribed period after the service of a notice upon him and the notice is served by mail, 3 days shall be added to the prescribed period." The date that matters is service, which is why the date on the notice and the date it arrived should both be kept.

An appeal can become a motion. If an appeal is filed late, 103.3(a)(2)(v)(B)(2) says "If an untimely appeal meets the requirements of a motion to reopen as described in § 103.5(a)(2) of this part or a motion to reconsider as described in § 103.5(a)(3) of this part, the appeal must be treated as a motion, and a decision must be made on the merits of the case." The reverse direction is allowed too: 103.5(a)(8) says "The official who denied an application or petition may treat the appeal from that decision as a motion for the purpose of granting the motion."

Who reviews an appeal, and the 45-day step

Section 103.3(a)(2)(ii) says "The official who made the unfavorable decision being appealed shall review the appeal unless the affected party moves to a new jurisdiction." Section 103.3(a)(2)(iii) then gives that official a chance to fix the decision: "Within 45 days of receipt of the appeal, the reviewing official may treat the appeal as a motion to reopen or reconsider and take favorable action." If favorable action is not warranted, the official "shall promptly forward the appeal and the related record of proceeding to the AAU in Washington, DC" (103.3(a)(2)(iv)).

Other rules of the appeal:

  • Briefs. "The affected party may submit a brief with Form I-290B" (103.3(a)(2)(vi)). The AAU may allow more time for a brief "for good cause shown" if a written request is made (103.3(a)(2)(vii)).
  • Summary dismissal. An appeal is summarily dismissed "when the party concerned fails to identify specifically any erroneous conclusion of law or statement of fact for the appeal" (103.3(a)(1)(v)). A bare statement that the decision was wrong does not meet that standard.
  • Withdrawal. The affected party "may withdraw the appeal, in writing, before a decision is made" (103.3(a)(2)(ix)).
  • Oral argument. A request must "explain in writing specifically why oral argument is necessary," and the Service "has sole authority to grant or deny" it (103.3(b)).
  • Written decision. The decision on appeal "must be in writing" and is served on the affected party and any attorney or representative of record (103.3(a)(2)(x)).

Who can file. The regulation defines "affected party" as "the person or entity with legal standing in a proceeding. It does not include the beneficiary of a visa petition" (103.3(a)(1)(iii)(B)). For a visa petition such as an I-130 or I-140, the beneficiary named in the petition is not an affected party in that role. A filing by someone who is not entitled to file "must be rejected as improperly filed," and "any filing fee the Service has accepted will not be refunded" (103.3(a)(2)(v)(A)(1)).

When the I-290B is the wrong form

Several common denials do not use the I-290B appeal at all. The regulations point elsewhere.

  • I-485 adjustment denials. 8 CFR 245.2(a)(5)(ii): "No appeal lies from the denial of an application by the director, but the applicant, if not an arriving alien, retains the right to renew his or her application in proceedings under 8 CFR part 240." A motion under 103.5 remains. See our page on an I-485 denial.
  • I-751 denials. 8 CFR 216.4(d)(2): "No appeal shall lie from the decision of the director; however, the alien may seek review of the decision in removal proceedings." See our page on an I-751 denial.
  • N-400 denials. The review is a hearing on Form N-336 within 30 days, not an I-290B. See N-400 denied.
  • I-130 denials. The Board of Immigration Appeals has jurisdiction over decisions on section 204 petitions under 8 CFR 1003.1(b)(5), with listed exceptions. Notice of Appeal to the Board from a DHS officer's decision is Form EOIR-29, filed "directly with the DHS office having administrative control over the record of proceeding within 30 days of the service of the decision being appealed" (8 CFR 1003.3(a)(2)). The fee is $1,060, made up of $110 and $950 (8 CFR 1103.7(b)(1)). Because the Board has jurisdiction, the I-290B appeal route in 106.2(a)(16) does not apply. See our page on an I-130 denial.
  • I-140 denials. 8 CFR 204.5(n)(2) says that the denial of a petition under section 203(b)(1), (2), (3) or (4) as it relates to certain special immigrants "shall be appealable to the Associate Commissioner for Examinations," meaning the AAU path under 103.3. See I-140 denied.
  • Abandonment. 8 CFR 103.2(b)(15): "A denial due to abandonment may not be appealed, but an applicant or petitioner may file a motion to reopen under § 103.5." The same paragraph says "The USCIS acknowledgement of a withdrawal may not be appealed."
  • Motions cannot be used everywhere. 103.5(a)(1)(i) opens with exceptions: "Except where the Board has jurisdiction and as otherwise provided in 8 CFR parts 3, 210, 242 and 245a."

The denial notice is supposed to say which route applies. 8 CFR 103.3(a)(1)(iii)(A) says: "When an unfavorable decision may be appealed, the official making the decision shall state the appellate jurisdiction and shall furnish the appropriate appeal form." If the notice names the Board and the EOIR-29, that is the form it asks for. Using the I-290B for a decision the Board hears is the mistake this page exists to flag.

How a filing is rejected

A short deadline and strict form requirements make rejection the usual risk. The rules that cause it:

  • Not signed correctly. A motion must be "in writing and signed by the affected party or the attorney or representative of record, if any" (103.5(a)(1)(iii)(A)).
  • No Form G-28. If an appeal is filed by an attorney or representative without a properly executed Form G-28, "the appeal is considered improperly filed," and "any filing fee the Service has accepted will not be refunded regardless of the action taken" (103.3(a)(2)(v)(A)(2)). If the reviewing official decides favorable action is warranted, the official asks for the G-28 within 15 days. If not, the official asks for the G-28 to be sent directly to the AAU, and the appeal "may be considered properly filed as of its original filing date" if a properly executed G-28 arrives.
  • No statement about court cases. A motion must be "Accompanied by a statement about whether or not the validity of the unfavorable decision has been or is the subject of any judicial proceeding and, if so, the court, nature, date, and status or result of the proceeding" (103.5(a)(1)(iii)(C)).
  • Wrong office. A motion is "Addressed to the official having jurisdiction" and "Submitted to the office maintaining the record upon which the unfavorable decision was made for forwarding" (103.5(a)(1)(iii)(D)–(E)).
  • Not meeting the standard. "A motion that does not meet applicable requirements shall be dismissed" (103.5(a)(4)).
  • Not following the form instructions. 103.2(a)(1)(i) says a benefit request that does not comply with applicable statutes, regulations, or form instructions "may be rejected or denied."
  • Paper filing when e-filing is required. Under 8 CFR 103.2(a)(1)(ii), a form "must be filed electronically, unless waived" where it has been available for e-filing for more than 180 days, USCIS has mandated e-filing, and USCIS has "published 60 days of advance notice" giving the date paper stops being accepted. This comes from the interim final rule at 91 FR 51924, effective 11 August 2026. Whether the I-290B is covered at the time of filing is something to check on the USCIS I-290B page; the CFR does not list forms.

What a motion does not do. "Unless the Service directs otherwise, the filing of a motion to reopen or reconsider or of a subsequent application or petition does not stay the execution of any decision in a case or extend a previously set departure date" (103.5(a)(1)(iv)). A pending I-290B does not, by itself, keep a person's status or work permission alive.

Facts to keep straight, without conclusions

The regulations do not decide for anyone whether an appeal, a motion, a new filing or no further step is the right choice. They do fix the following facts, which are worth having in front of you when speaking to a lawyer or accredited representative.

  • The date the decision was served, and whether it came by mail (3 days added).
  • The form number and the type of decision. The route differs between an I-485, an I-751, an N-400, an I-130 and an I-140.
  • Whether the denial notice names the Board or the AAU, and which appeal form it furnishes.
  • The reasons the notice gives. An appeal must "identify specifically any erroneous conclusion of law or statement of fact" (103.3(a)(1)(v)), and a motion to reopen must bring new facts with documents.
  • The fee, and whether the underlying application was fee-waived (which bears on a waiver of the I-290B fee).
  • Whether any court case is pending (the motion must say so).
  • Whether the person is, or is about to be, in removal proceedings, where the available steps and deadlines differ.

Recurring mistakes, from the rules above. Treating the I-290B as one route for all denials. Filing a motion with no new facts and no precedent. Missing the 30-day period and assuming it can be excused (only a motion to reopen has the excusable-delay language in 103.5(a)(1)(i)). Filing without a G-28. Expecting the filing to stop a departure date or an enforcement step. Paying a notario for the form: under 8 CFR 292.1(e), "no other person or persons shall represent others in any case" except those the section lists.

Related pages. Our pages on a request for evidence, a notice of intent to deny and who can give immigration advice cover the steps before and around an appeal.

Finding a licensed attorney or accredited representative

Migratio's directory lists immigration attorneys and DOJ-accredited representatives. Listings are shown in a neutral order with factual filters (state, language, attorney or accredited representative). Migratio does not recommend, rank or match any lawyer, and it is not a lawyer referral service. Check any listing yourself against the state bar or the EOIR roster before you sign anything.

See attorneys and accredited representatives in the directory.

Notaries public, notarios and immigration consultants are not lawyers and cannot give immigration legal advice. Only a licensed attorney or a DOJ-accredited representative can.

Migratio is not a law firm and does not give legal advice. Only a licensed attorney or a DOJ-accredited representative can advise you.

Questions people ask

How long do I have to file a Form I-290B?

30 days. 8 CFR 103.3(a)(2)(i) requires the complete appeal "within 30 days after service of the decision," and 103.5(a)(1)(i) sets the same 30 days for a motion to reopen or reconsider. If the decision was served by mail, 8 CFR 103.8(b) adds 3 days. A late motion to reopen may be excused only where the delay was reasonable and beyond the applicant's control.

How much is the I-290B filing fee?

$800 under 8 CFR 106.2(a)(16), the same whether the denial involved one beneficiary or several. The fee can be waived on the conditions in 106.3(a)(3)(ii)(D). Check the USCIS fee schedule (G-1055) before paying.

What is the difference between an appeal and a motion?

An appeal asks a higher body, the Administrative Appeals Unit, to review the decision. A motion asks the office that made the decision to reopen it on new facts or reconsider it on legal grounds. Both are filed on the I-290B with the same 30-day period (8 CFR 103.3 and 103.5).

Can I use an I-290B for an I-130 denial?

The Board of Immigration Appeals has appellate jurisdiction over decisions on section 204 petitions (8 CFR 1003.1(b)(5)), and an appeal from a DHS officer's decision goes on Form EOIR-29, filed with DHS within 30 days, with a $1,060 fee (8 CFR 1003.3(a)(2), 1103.7(b)(1)). The I-290B fee rule covers matters "over which the Board of Immigration Appeals does not have appellate jurisdiction." The denial notice states the appellate route.

Does filing an I-290B stop removal or keep my status?

Not by itself. 8 CFR 103.5(a)(1)(iv) says that unless the Service directs otherwise, filing a motion "does not stay the execution of any decision in a case or extend a previously set departure date."

Can I file a new application instead of an I-290B?

The regulations do not forbid it. A new filing means a new fee and is judged on its own record. Whether to appeal, move or refile depends on the reasons for the denial, which is a question for a lawyer or accredited representative.

Sources

Last checked 2026-10-09.

Related guides