Form I-290 B is used to file a motion to reopen, to reconsider (or both) a denial of an I-485 application. It should be completed by your immigration attorney.
Part one is filed by an individual, business, or organization. It includes:
Your first and last name or the name of the organization
Alien registration number – if any
USCIS online account number – if any
Part two is information about the appeal or motion
You should indicate if you are filing a motion – or an appeal to the Administrative Appeals Office
The form is not be used to file an appeal of an I-130 form, a petition for an alien relative, or Form I-360. Those appeals need to be filed to a different office
You must choose the appropriate box (only one) indicating if you are filing an appeal to the AAO or a motion. Motions include just one of:
Motion to reopen
Motion to reconsider
Combined motion to reopen and reconsider
The boxes (there are six to choose from) also depend on whether you’re filing a brief and/or additional evidence
You need to provide additional information about:
The USCIS form involved – such as an I-485 form
A receipt number for the petition or motion
The requested nonimmigrant or immigrant classification – such as H-1B, R-1, O-1, or another classification
The date of the adverse decision
The office that issued the adverse decision
Part three is for additional information about the basis for the appeal
Here, you can use additional pieces of paper. Be sure to put your name and A-number (if any) on each page and number the pages. Also indicate the part number and the item number.
If you’re filing a motion to reopen – state the new facts and support them with documentary evidence. The facts and evidence should show you are eligible for the requested immigration benefit – at the time you filed the application or petition.
If you’re filing a motion to reconsider – you need to show the decision was based on an incorrect application of law or policy, “and that the decision was incorrect based on the evidence in the case record at the time of the decision. The motion must be supported by citations to appropriate statutes, regulations, precedent decisions, or statements of USCIC policy.”
Part four is the applicant’s (or petitioner’s) statement, contact information, certification, and signature.
This section is for an individual who is filing an appeal or a motion:
The applicant’s statement. Begin by indicating which box applies:
You can read and understand English. You have read each and every question and instruction on this form and you gave answers to each and every question
An interpreter has read and helped you answer all the questions and answers
At your request, a preparer identified in the form prepared the form based on the information you gave to the preparer.
For more information on completing Form I-290B, see our companion article.