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

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

When Should I Use Form I-290B?
Form I-290B, Notice of Appeal or Motion, 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 U.S.
Citizenship and Immigration Services (USCIS) in
accordance with the regulations at 8 C.F.R. § 103.3 and
§ 103.5.
Form I-290B 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 may be rejected.
Form I-290B may be used in the following circumstances:
1. To file an appeal with the Administrative Appeals Office
(AAO);
2. To file a motion to reconsider a decision of USCIS (either
the AAO or a field office);
3. To file a motion to reopen a decision of USCIS (either the
AAO or a field office); or
4. To file a motion to reopen a decision of USCIS under the
Northwest Immigrant Rights Project (NWIRP)
Settlement.
5. To file a motion to reopen a decision of USCIS under the
Special Immigrant Juvenile (SIJ) Perez-Olano Settlement
Agreement (POSA).
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 Form I-290B. (In the case of selfpetitioners and applicants for certain waivers, the selfpetitioner or waiver applicant must sign the form.)

Who May Not File 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.

OMB No. 1615-0095

Instructions for Form I-290B, Notice
of Appeal or Motion
General Instructions
Fill Out 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 name and Alien
Registration Number (A-Number) of the petitioner/
applicant, 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."
Form I-290B is divided into Parts 1 through 4. The following
information should help you fill out the form.
Part 1. Information About Petitioner/Applicant
(Individual/Business/Organization/Attorney/
Representative 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.
6. E-mail Address - If you have an E-mail address please
provide it.
If you are acting as an attorney or representative - check the
box provided and complete the rest of Part 1 as follows:
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.
3. A-Number - This is the 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 you do not have an A-Number,
leave this blank.
Form I-290B (Rev. 11/23/10) Y

DRAFT
Part 2 - Information About the Appeal or 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 the Appeal or Motion
Your appeal or motion will be dismissed if you do not
complete Part 3. If additional space is needed, attach a
separate sheet of paper.
Part 4 - Signature of Person Filing the Appeal/Motion or
His or Her Authorized Representative
You or your legal representative must sign and submit
Form I-290B. Form G-28, Notice of Entry of Appearance
as Attorney or Representative, must be attached if signed
by a legal representative.

General Requirements
Your appeal or motion must include the following items.

Your signed and completed Form I-290B
NOTE: If you wish, you may be represented at no expense to
the U.S. Government by an attorney or other duly authorized
representative. Your attorney or representative must submit
Form G-28 with the appeal or motion. If the appeal or motion
is filed by an attorney or representative without a properly
executed Form G-28, it will be dismissed or rejected.

Appeals
1. 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. Any brief and/or
additional evidence must specifically reference the
appeal for which it is being submitted. If an affected
party has filed multiple appeals with the AAO, separate
copies of the brief and/or evidence must be provided
for each individual appeal. Failure to do so may result
in the return of the brief or evidence to the individual
or entity that submitted it and preclude such material
from consideration.
You may submit a brief and evidence with Form
I-290B. Or you may send these materials to the AAO
within 30 days of filing the appeal. 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., MS2090
Washington, DC 20529-2090
If you need more than 30 days, you must explain why
in a separate letter attached to Form I-290B. The AAO
may grant more time only for good cause.

2. Oral Argument
You may request oral argument before the AAO in
Washington, D.C. in a separate letter attached to Form
I-290B. 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.

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 a foreign language submitted to
USCIS 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.

What Is the Filing Fee?
The filing fee for Form I-290B is $630.
NOTE: The fee will be the same when an appeal or motion is
taken from the denial of a petition with one or multiple
beneficiaries, provided that they are all covered by the same
petition, and therefore, the same decision.
The fee for Form I-290B may be waived, if the applicant can
show an inability to pay and the appeal or motion is from
denial of an immigration benefit request where the applicant
or petitioner was not required to pay a fee, or the fee for the
underlying application or petition could have been waived.
No fee is required when Form I-290B is filed to appeal a
denial of a petition for a special immigrant visa by a Special
Immigrant Iraqi or Afghan national who worked for or on
behalf of the U.S. Government in Iraq or Afghanistan.
The fee will not be refunded, regardless of the action taken in
your case.
For additional information on fees, fee waivers, and refunds
visit our Web site at www.uscis.gov.
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
2. Make the check or money order payable to U.S.
Department of Homeland Security, unless:
Form I-290B (Rev. 11/23/10) Y Page 2

DRAFT
If you live outside the United States, Guam, or the U.S.
Virgin Islands, contact the nearest U.S. consulate or
embassy for instructions on the method of payment.
NOTE: 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 is current as of the edition date appearing in the
lower right corner of Form I-290B. However, because USCIS
fees change periodically, you can verify if the fees are correct
by following one of the steps below:
1. Visit our Web site at www.uscis.gov, select "Check Filing
Fees" 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.

Where to File?
You must file your appeal or motion with the USCIS office
that made the unfavorable decision 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 or motion directly to the
Administrative Appeals Office (AAO). Submit an original
appeal or motion only. Additional copies are not required.
You must file your Notice of Appeal or Motion at the USCIS
Vermont Service Center for unfavorable decisions made on:
1. A VAWA (self-petitioning spouse or child of an abusive
U.S. Citizen or Lawful Permanent Resident) related Form
I-360 to include work authorization (Form I-765);

2. Any T Visa related application/petition to include
application for T nonimmigrant status (Form I-914/
I-914A), application for adjustment of status (Form I-485),
work authorization (Form I-765) or advanced parole (Form
I-131); or
3. Any U Visa related application/petition to include petition
for U nonimmigrant status (Form I-918/I-918A),
application for adjustment of status (Form I-485), work
authorization (Form I-765), advanced parole (Form I-131),
application to extend U nonimmigrant status (Form I-539)
and petition to request immigration benefits on behalf of a
family member who never held U nonimmigrant (Form
I-929).
USCIS Vermont Service Center
75 Lower Welden St.
St. Albans, VT 05479-0001
If you are filing a Notice of Appeal or Motion of any other
decision made by a USCIS Service Center, mail to:
For U.S. Postal Service (USPS) deliveries, use the following
address:
USCIS 290B
P.O. Box 21100
Phoenix, AZ 85036
For Express Mail or courier deliveries, use the following
address:
USCIS
Attn: 290B
1820 E. Skyharbor Circle S
Suite 100
Phoenix, AZ 85034
If you are filing a motion to reopen a decision of USCIS under
the NWIRP Settlement, mail the motion to:
For U.S. Postal Service (USPS) deliveries, use the following
address:
USCIS
P.O. Box 804727
Chicago, IL 60680-4180
For private courier (non-USPS) deliveries, use the following
address:
USCIS
Attn: NWIRP
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517
If you are filing a motion to reopen a decision of USCIS under
the Special Immigrant Juvenile (SIJ) PEREZ-OLANO
Agreement Settlement (POSA), mail the motion to:

Form I-290B (Rev. 11/23/10) Y Page 3

DRAFT
For U.S. Postal Service (USPS) deliveries, use the following
address:
USCIS
P.O. Box 5510
Chicago, IL 60680-5510
For private courier (non-USPS) deliveries, use the following
address:
USCIS
Attn: POSA
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517
Because USCIS mailing address change periodically, you may
verify that the addresses for your appeal are correct by
following one of the steps below:
1. Visit our Web site at www.uscis.gov, select "FORMS,"
then "I-290B," and read the "Where to File" on the opening
page; or
2. Telephone our National Customer Service Center at
1-800-375-5283 and ask for the mailing information.

Address Changes
While your appeal is pending, if you change your address,
send a written notice of your change of address to the 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., MS2090
Washington, DC 20529-2090
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 above address. 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).

Processing Information
An appeal or motion that is not signed or is not accompanied
by the proper fee will be dismissed or rejected with a notice
that the appeal is deficient. If completed timely, you may
correct the deficiency and resubmit the appeal. However, an
appeal or motion is not considered properly filed until it is
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.

Decision. You will be notified in writing of any action taken
on your appeal or motion.

USCIS Forms and Information
To order USCIS forms, call our toll-free number at 1-800870-3676. 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 Web site at www.uscis.gov.
As an alternative 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 Web site. 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 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 90 minutes per
response, including the time for reviewing instructions and
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 Products Division, Office of the Executive
Secretariat, 20 Massachusetts Ave., N.W., Washington, DC
20529-2020. OMB No. 1615-0009; Expires April 30, 2011.
Do not mail your application to this address.
Form I-290B (Rev. 11/23/10) Y Page 4