Notice of Appeal to the Office of Administrative Appeals (AAO)

OMB No. 1615-0095; Expires 10/31/08

Instructions for Form I-290B,
Notice of Appeal or Motion

Department of Homeland Security
U.S. Citizenship and Immigration Services

Instructions
Please read these instructions carefully to properly complete this form. If you need more space to complete an answer, use a
separate sheet(s) of paper. Write your name and Alien Registration Number (A #), if any, at the top of each sheet of paper
and indicate the part and number of the item to which the answer refers.

What Is the Purpose of This Form?
Use Form I-290B to file an appeal or a motion within 30
calendar days of receipt of an unfavorable decision rendered
by U.S. Citizenship and Immigration Services (USCIS) or 15
days if appealing the revocation of an immigrant petition
approval.

When Should I Use Form I-290B?
Form I-290B is used to file an appeal or motion on any
decision under the immigration laws in any type of proceeding
over which the Board of Immigration Appeals (BIA) does not
have appellate jurisdiction. The appeal or motion must be
filed with USCIS in accordance with the regulations at
8 C.F.R. § 103.3 and § 103.5.
The form must be filed within 30 calendar days after service
of the decision. If the decision is mailed, the form must be
filed within 33 days. If the appeal relates to a revocation of an
immigrant petition approval, the appeal must be filed within
15 calendar days after service of the decision, 18 days if the
decision was mailed. The date of service is normally the date
of the decision.
Late filed appeals and motions will be rejected.
The form may be used in the following circumstances:
1. To file an appeal with the Administrative Appeals Office
(AAO); or

General Instructions.
Step 1. Fill Out the Form I-290B
1. Type or print legibly in black ink.
2. If extra space is needed to complete any item, attach a
continuation sheet, indicate the item number, and date and
sign each sheet.
3. Answer all questions fully and accurately. State that an
item is not applicable with "N/A." If the answer is none,
write "none."
This form is divided into Parts 1 through 4. The following
information should help you fill out the form.

Part 1. Information about you. (Individual/Business/
Organization filing appeal or motion.)
1. Family Name (Last name) - Give your legal name. If you
have two last names, include both and use a hyphen (-)
between the names, if appropriate.
2. Name of Business or Organization - Give the complete
name, without abbreviations.
3. Mailing Address - Give your complete mailing address.
4. Daytime Phone Number - Give a phone number with area
code where you can be reached during the day.
5. Fax Number - Give a fax number with area code.

2. To file a motion to reconsider a decision of USCIS (either
the AAO or a field office); or

6. E-mail Address - If you have an E-mail address please
provide it.

3. To file a motion to reopen a decision of USCIS (either the
AAO or a field office).

If you are acting as an attorney or representative - check the
box provided and complete the rest of Part 1 as follows:

Who May Not File This Form I-290B?
If you are the beneficiary of a visa petition or the beneficiary's
attorney or representative, you may not file an appeal or
motion.

1. Family Name (Last name) - Give your legal name. If you
have two last names, include both and use a hyphen (-)
between the names, if appropriate.
2. Business/Organization/School Name - Give the complete
name, without abbreviations, if the party for whom you are
filing is other than an individual.

Form I-290B Instructions (Rev. 07/30/07) N

3. A # - This is your client's USCIS (INS) file number. It
begins with an "A" and can be found on a Permanent
Resident Card or on correspondence that has been received
from the Department of Homeland Security (DHS) or
USCIS. If they do not have an A #, leave this blank.

Part 2. Information about an appeal/motion.
You must clearly indicate if you are filing an appeal or a
motion. The adverse decision will indicate whether you may
file an appeal or a motion. The requirements for motions to
reopen and motions to reconsider are located at 8 C.F.R. §
103.5.

Part 3. Basis for an appeal/motion.
Your appeal or motion will be dismissed if you do not
complete this part. If additional space is needed, attach a
separate sheet(s) of paper.

Part 4. Information about an appeal/motion.
You or your legal representative must sign and submit the
Form I-290B. A Form G-28, Notice of Entry of Appearance as
Attorney or Representative, must be attached if signed by a
legal representative.
NOTE: When a decision on a petition is appealed or a
request for a motion is made, the petitioner, an authorized
official of a petitioning employer, or the petitioner's attorney
or representative must sign this form. (In the case of selfpetitioners and applicants for certain waivers, the selfpetitioner or waiver applicant must sign the form.)

Step 2. General requirements
1. Appeals.
A. Brief.
You do not need to submit a brief in support of your
appeal, but you may submit one if you so choose. You
may also submit additional evidence.
You may submit a brief and evidence with this form.
Or you may send these materials to the AAO within 30
days of the date you sign this form. You must send any
materials you submit after filing the appeal to:
USCIS Administrative Appeals Office
U.S. Citizenship and Immigration Services
20 Massachusetts Avenue, N.W., Room 3000
Washington, DC 20529
If you need more than 30 days, you must explain why
in a separate letter attached to this form. The AAO
may grant more time only for good cause.

B. Oral Argument.
You may request oral argument before the AAO in
Washington, D.C. in a separate letter attached to this
form. The letter must explain specifically why an oral
argument is necessary, i.e., why your argument cannot
be adequately addressed in writing.
If your request is granted, the AAO will contact you
about setting the date and time. The U.S. Government
does not furnish interpreters for oral argument.

2. Motions.
Although a petitioner may be permitted additional time to
submit a brief and/or evidence to support an appeal, no
such provision applies to motions. Any additional
evidence must be submitted concurrent with the motion.

Translations. Any document containing foreign language
submitted to the Service shall be accompanied by a full
English language translation which the translator has certified
as complete and accurate, and by the translator's certification
that he or she is competent to translate from the foreign
language into English.

Where To File?
You must file your appeal or motion with USCIS within 30
calendar days after service of the decision (33 days if your
decision was mailed). If you are appealing the revocation of an
immigrant petition approval, you must file the appeal within
15 days of the revocation decision (18 days if the decision was
mailed.) The date of service is normally the date of the
decision.
Do not send your appeal directly to the Administrative
Appeals Office (AAO). Submit an original appeal or motion
only. Additional copies are not required.

What Is the Filing Fee?
The filing fee for a Form I-290B is $585.00.
Use the following guidelines when you prepare your check or
money order for the Form I-290B fee:
1. The check or money order must be drawn on a bank or
other financial institution located in the United States
and must be payable in U.S. currency; and

Form I-290B Instructions (Rev. 07/30/07) N Page 2

2. Make the check or money order payable to U.S.
Department of Homeland Security, unless:
A. If you live in Guam and are filing your petition
there, make it payable to Treasurer, Guam.
B. If you live in the U.S. Virgin Islands and are filing
your petition there, make it payable to
Commissioner of Finance of the Virgin Islands.
NOTE: Please spell out U.S. Department of Homeland
Security; do not use the initials "USDHS" or "DHS."
Notice to Those Making Payment by Check. If you send us
a check, it will be converted into an electronic funds transfer
(EFT). This means we will copy your check and use the
account information on it to electronically debit your account
for the amount of the check. The debit from your account will
usually take 24 hours, and will be shown on your regular
account statement.
You will not receive your original check back. We will
destroy your original check, but we will keep a copy of it. If
the EFT cannot be processed for technical reasons, you
authorize us to process the copy in place of your original
check. If the EFT cannot be completed because of insufficient
funds, we may try to make the transfer up to two times.
How to Check If the Fees Are Correct.
The form fee on this form is current as of the edition date
appearing in the lower right corner of this page. However,
because USCIS fees change periodically, you can verify if the
fees are correct by following one of the steps below:
1. Visit our website at www.uscis.gov, select "Immigration
Forms" check the appropriate fee;
2. Review the Fee Schedule included in your form package, if
you called us to request the form; or
3. Telephone our National Customer Service Center at
1-800-375-5283 and ask for the fee information.

Address Changes.
If you change your address while your appeal is pending, send
a written notice of your change of address to the
Administrative Appeals Office (AAO). Include the type of
case that was denied and any available tracking number
(receipt number and/or A-number). Mail the notice to:
USCIS Administrative Appeals Office
U.S. Citizenship and Immigration Services
20 Massachusetts Avenue, N.W., Room 3000
Washington, DC 20529

If you change your address after you file a motion, where you
send your notice depends on where your motion is pending. If
your motion has been forwarded to the AAO, send a written
notice of your change of address to the address noted on the
previous page. If your motion has remained with the office
where you submitted it, send the notice to that office. Include
the type of case that was denied and any available tracking
number (receipt number and/or A-number).
If you change your address and you have an application or
petition pending with USCIS, you may change your address
on-line at www.uscis.gov, click on "Change your address with
USCIS" and follow the prompts or by completing and mailing
Form AR-11, Alien's Change of Address Card, to:
U.S. Citizenship and Immigration Services
Change of Address
P.O. Box 7134
London, KY 40742-7134
For commercial overnight or fast freight services only, mail
to:
U.S. Citizenship and Immigration Services
Change of Address
1084-I South Laurel Road
London, KY 40744

Processing Information.
Any Form I-290B that is not signed or accompanied by the
correct fee, will be rejected with a notice that the Form
I-290B is deficient. If completed timely, you may correct the
deficiency and resubmit the Form I-290B. An appeal or
motion is not considered properly filed until accepted by
USCIS.
Once the appeal or motion is accepted, it will be reviewed. If
you do not have any standing to file the appeal or motion, or
the decision is not appealable or filed timely, the appeal or
motion will be dismissed or rejected without further review.

Initial processing. Once a Form I-290B has been accepted,

it will be checked for completness, including submission of
the required initial evidence. If you do not completely fill out
the form, or file it without required initial evidence, you will
not establish a basis for eligibility and we may deny your
Form I-290B.

Decision. You will be notified in writing of any action taken
on your appeal or motion.
Form I-290B Instructions (Rev. 07/30/07) N Page 3

USCIS Forms and Information.
To order USCIS forms, call our toll-free number at
1-800-870-3676. You can also get USCIS forms and
information on immigration laws, regulations and procedures
by telephoning our National Customer Service Center at
1-800-375-5283 or visiting our internet website at www.uscis.
gov.
As an altenative to waiting in line for assistance at your local
USCIS office, you can now schedule an appointment through
our internet-based system, InfoPass. To access the system,
visit our website. Use the InfoPass appointment scheduler and
follow the screen prompts to set up your appointment.
InfoPass generates an electronic appointment notice that
appears on the screen.

Penalties.
If you knowingly and willfully falsify or conceal a material
fact or submit a false document with this Form I-290B, we
will deny the Form I-290B and may deny any other
immigration benefit.
In addition, you will face severe penalties provided by law and
may be subject to criminal prosecution.

Privacy Act Notice.
We ask for the information on this form, and associated
evidence, to determine if you have established eligibility for
the immigration benefit for which you are filing. Our legal
right to ask for this information can be found in the
Immigration and Nationality Act, as amended. We may
provide this information to other government agencies. Failure
to provide this information, and any requested evidence, may
delay a final decision or result in denial of your Form I-290B.

Paperwork Reduction Act.
An agency may not conduct or sponsor an information
collection and a person is not required to respond to a collection
of information unless it displays a currently valid OMB control
number. The public reporting burden for this collection of
information is estimated at one hour and 30 minutes per
response, including the time for reviewing instructions,
completing and submitting the form. Send comments regarding
this burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to:
U.S. Citizenship and Immigration Services, Regulatory
Management Division, 111 Massachusetts Avenue, N.W., 3rd
Floor, Suite 3008, Washington, DC 20529. OMB No.
1615-0009. Do not mail your application to this address.

Form I-290B Instructions (Rev. 07/30/07) N Page 4