Form I-290 B (Part 2)

This is a continuation of the first article on what is needed to complete the I-290B Motion to Reopen and/or to Reconsider an I-485 denial.

Part 4. Section A. Applicant’s or Petitioner’s contact information.

You need to provide your phone number, mobile phone number (if any), and email address (if any).

Part 4. Section A. The certification of the applicant or Petitioner

The applicant/petitioner must certify the following:

• That any copies of documents are exact copies of unaltered original documents – and that you understand the USCIS may ask to see the original documents at a later time.
• That you authorize the release of any information from any of your records that the USCIS may need to review to determine if you are eligible for the immigration benefit you seek
• That you authorize the release of any information (in this form, in any supporting documents, and in the USCIS records) to other entities and people who need the information for the necessary “administration and enforcement of US immigration law

The certification is under penalty of perjury. You certify that all the information in the form and any documents you submit with the form were provided and authorized by you, that you reviewed the information, that you understand all the information, and that all the information you supplied is complete, true, and correct.

You need to sign and date the form.

Section B – Motion or Appeal based on a business or organization (and not an individual)

The Petitioner’s statement

The petitioner, similar to the individual applicant, needs to check off just one of the following boxes:

• 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

Petitioner’s contact information

The business/organization needs to supply its:

• Full name
• Title
• Phone number, mobile phone number (if any), and email address (if any)

Business/organization’s Petitioner certification

This certification covers essentially the same requirements as individual certification. In addition, the business/organization certifies that:

• It recognizes the USCIS authority to conduct audits of the Form I-290B Motion using public open-source information.
• It recognizes that any information in the supporting documents may be verified by the USCIS through any means deemed appropriate by the USCIS, “including but not limited to, on-site compliance reviews.”
• The person filing the form on behalf of an organization has the authority to do so from the organization

Petitioner’s signature

Someone on behalf of the business/organization must sign and date the form

Part five. Interpreter’s contact information, certification, and signature

The interpreter must provide his full name (and the organization he/she works), mailing address, and contact information.

The certification should state that, under the penalty of perjury:

• The interpreter is fluent in English and another identified language.
• The interpreter read every question and answer in for the form to the applicant in the identified language – and that the applicant/petitioner stated he/she understood the questions, instructions, and answers.

The interpreter must sign and date the form.

Part six. Contact information, declaration, and signature of person preparing the form – other than the applicant/petitioner.

The preparer must also provide his/her name, business or organization (if any), and contact information.

The preparer indicates (by checking a box) if he/she is or isn’t a lawyer or accredited representative for the applicant/petitioner.

The preparer certifies that he/she did prepare the form at the applicant/petitioner’s request and that all the necessary information including the applicant/petitioner’s certification is complete, true, and correct.

The prepare signs and dates the form.

Contact an experienced immigration lawyer to discuss how to how to file a motion to reopen and/or reconsider a denial of an I-485 application.

What is Form I-290B ? (Part 1)

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
• Mailing address

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.

Contact an experienced immigration lawyer to discuss how to file a motion to reopen and/or reconsider a denial of an I-485 application.