60-Day Public Comment Response Matrix

Form I-290B-016 Revision - Responses to 60-day FRN Public Comments
Public Comments (regulations.gov): USCIS-2008-0027
30-day FRN Citation (federalregister.gov): 88 FR 19969
Publish Dates: April 4, 2023 – June 5, 2023
Comment #
1.

Commenter ID
0105

(see attachment)

2.
0105

Comment
Commenter: Sanctuary for Families
New York, NY
Sanctuary for Families greatly
appreciates the revisions to Form I290B Notice of Appeal or Motion,
which include clear instructions and
space for a safe mailing address to
preserve the confidentiality of
survivors of domestic violence,
human trafficking, and other crimes
consistent with 8 U.S.C. § 1367.
Sanctuary for Families suggests three
enhancements to the Form I-290B
and Instructions to ensure the clarity
of the information collected,
minimize the burden to appellants
and movants, and ensure equitable
and efficient access to electronic
filing. Our full comments are
submitted on the attached letter
dated June 5, 2023.
Commenter: Sanctuary for Families
New York, NY
I-290B Instructions
Recommendation:
Telephone Number for USCIS
Contact Center:
On page 2 of the revised Form I-290B
Instructions, in the first paragraph,
the third sentence states: "If you do
not have Internet access, you may
call the USCIS Contact Center and ask
that we mail a form to you." The
Instructions do not provide the
telephone number for the USCIS
Contact Center. To ensure individuals
without internet access can obtain
the Form · I-290B and Instructions,
we suggest including the telephone
number of the USCIS Contact Center
in this sentence or at least state

USCIS Response
Response: See Comment
Responses below labeled with
Commenter ID: 0105. The
information in the attachment
from the public comment (0105)
was separated into different
sections in this comment matrix to
address each portion of
information individually.
See Comment # 2. – 4.

Response: USCIS has made the
recommended update to include
the USCIS Contact Center
telephone number and link to the
webpage
www.uscis.gov/contactcenter.

Form I-290B-016 Revision - Responses to 60-day FRN Public Comments
Public Comments (regulations.gov): USCIS-2008-0027
30-day FRN Citation (federalregister.gov): 88 FR 19969
Publish Dates: April 4, 2023 – June 5, 2023

3.
0105

where the public may obtain the
current telephone number.
Commenter: Sanctuary for Families
New York, NY
Form I-290B Recommendation:
Include Receipt Number for 1-290B
for Motions on AAO Decisions:
The revised Instructions clearly state
that a Form I-290B may be used to
file a motion on an AAO decision
dismissing an appeal or motion.
Unfortunately, USCIS Service Centers
sometimes erroneously exercise
jurisdiction over motions on AAO
decisions. We suggest including the
receipt number for the underlying
AAO decision on the revised Form I290B to reduce the risk of such errors
and lessen the burden on movants
seeking review of AAO decisions.
Part 2 Item Number 4 on the revised
Form I-290B requires the "Receipt
Number for the Application, Petition,
or Other Request" and the
Instructions caution individuals to
provide "[o]nly ... one receipt
number." When we have filed
motions on AAO decisions and
provided the underlying receipt
number of, for example, the Form 1914 Application for T Nonimmigrant
Status, we have received erroneous
dismissals of our motions issued by
the Vermont Service Center although
it has no jurisdiction to review the
motion on the AAO decision per 8
C.F.R. §103.5(a)(1 )(ii). We suggest
either including in the Instructions
that for a motion on an AAO decision,
the Form I-290B Receipt Number of
the AAO decision should be listed in
Part 2 Item 4; or providing an

Response: This recommendation
is related to training and should
be addressed outside of the Form
I-290B. USCIS will continue to
provide and update training for
our Service Centers. The addition
of a new data field would add
complexity to this form and
potentially create confusion for
filers who may not yet have a
decision on an appeal. Currently ,
there are only a small number of
motions filed on an AAO decision
and including an additional field
does not have practical utility and
may create undue burden on the
totality of filers completing this
form.

Form I-290B-016 Revision - Responses to 60-day FRN Public Comments
Public Comments (regulations.gov): USCIS-2008-0027
30-day FRN Citation (federalregister.gov): 88 FR 19969
Publish Dates: April 4, 2023 – June 5, 2023

4.
0105

additional space in Item 4 to list that
Receipt Number in addition to the
underlying petition or application.
Commenter: Sanctuary for Families
New York, NY
Form I-290B Recommendation:
Equitable Access to Electronic Filing:
The revised Form I-290B does not
appear to allow electronic submission
which is currently available for other
immigration benefit requests with
USCIS. To minimize the burden of the
collection of information on
appellants and movants, Sanctuary
encourages USCIS to provide secure
methods for the electronic
submission of the Form I-290B and
humanitarian benefits requests
including the Form 1-360 for VAWA
Self­Petitioners and Special
Immigrant Juveniles, Form 1-914
Application for T Nonimmigrant
Status as a Victim of a Severe Form of
Trafficking in Persons, and Form 1918 Petition for U Nonimmigrant
Status as a Victim of Qualifying
Criminal Activity. Providing electronic
filing options for certain benefit types
but not others creates inequity in the
accessibility, efficiency, and
administration of immigration
services. While many noncitizens lack
access to a secure private computer,
such individuals could electronically
file their benefit requests if USCIS
provided secure computer access to
the public at, for example,
Application Support Centers, Field
Offices, or by partnering with other
federal and state agencies with
offices open to the public.

Response: USCIS appreciates that
adding an online filing option for
Form I-290B would create
efficiencies. USCIS continues to
add new form options for
electronic filing based on an
internal schedule and agency
priorities. USCIS hopes to provide
an online filing option for Form I290B in the future.