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

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TABLE OF CHANGES – INSTRUCTIONSForm I-290B, Instructions for Notice of Appeal or Motion

OMB Number: 1615-009511/25/2019

Reason for Revision:

Legend for Proposed Text:• Black font = Current text• Red font = Changes

Expires 05/31/2020Edition Date 5/17/2018

Current Page Numberand Section

Current Text Proposed Text

,What Is the Purpose ofForm I-290B?

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What Is the Purpose of Form I-290B?

Form I-290B, Notice of Appeal or Motion,is primarily used to file:

1. An appeal with the AdministrativeAppeals Office (AAO); or

2. A motion with the U.S. Citizenship andImmigration Services (USCIS) office thatissued the latest decision in your case(including a field office, service center, orthe AAO).

Please visit www.uscis.gov/i-290b/jurisdiction for the immigrationbenefit types that are eligible for an appealor motion using this form.

Schools may also use Form I-290B forappeals or motions regarding certaindenials of U.S. Immigration and CustomsEnforcement (ICE) Form I-17, Petition forApproval of School for Attendance byNonimmigrant Student, filed with ICE,Student and Exchange Visitor Program(SEVIS). Form I-290B may also be usedfor appeals and motions when ICEwithdraws a school’s approval forattendance by nonimmigrant students. Ifthe decision is appealable, the notice letterwill include instructions for filing an appealor motion.

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Schools may also use Form I-290B forappeals or motions regarding certaindenials of Form I-17, Petition for Approvalof School for Attendance by NonimmigrantStudent, filed with the U.S. Immigrationand Customs Enforcement (ICE) Studentand Exchange Visitor Program (SEVP), orwhen SEVP withdraws its approval fornonimmigrant students to attend theschool. The notice letter from SEVP willinclude instructions for filing an appealand/or motion, if applicable.

AILA Doc. No. 19120934. (Posted 12/10/19)

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Page 1,Who May Not File FormI-290B?

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Who May Not File Form I-290B?

1. If you are the beneficiary of a petitionor an attorney or accredited representativeof the beneficiary, you MAY NOT file anappeal or motion unless otherwiseinstructed by USCIS and as specificallypermitted by law. Only an applicant orpetitioner may file an appeal or motion.Similarly, an attorney or accreditedrepresentative MAY NOT file an appeal ormotion on the behalf of a beneficiary.

2. Do not use this form to file an appealwith the Board of Immigration Appeals(BIA). The BIA has jurisdiction overappeals of Form I-130, Petition for AlienRelative, and Form I-360, Self-Petition fora Widow(er) of a U.S. Citizen. You mayfile an appeal with the BIA using FormEOIR-29, which is available at the USCISwebsite at www.uscis.gov/eoir-29 and atthe Department of Justice website atwww.justice.gov/eoir/list-downloadable-eoir-forms.

3. Do not use this form to appeal the denialof a U.S. visa application by an overseasDepartment of State consular officer (forexample, Forms DS-156, DS-156E, DS-156K, DS-117, DS-157, DS-230, or DS-260). For information about U.S. visaapplication denials, visit the Department of

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Who May Not File Form I-290B?

1. If you are the beneficiary of anapplication or petition, you MAY NOT filean appeal or motion unless specificallypermitted by law. Beneficiaries of validemployment-based immigrant visa petitionswho are eligible to change jobs oremployers and who have properlyrequested to do so under the Immigrationand Nationality Act (INA) section 204(j), 8U.S.C. 1154(j), are considered affectedparties for revocation proceedings,including appeals and motions ofrevocations, relating to the immigrant visapetitions filed on their behalf. USCIS mustfirst make a favorable determinationconcerning the beneficiary’s portingeligibility in order for the beneficiary to beeligible to participate in the revocationproceeding as an affected party.

2. Do not use this form to file an appealwith the Board of Immigration Appeals(BIA). The BIA has jurisdiction overappeals of Form I-130, Petition for AlienRelative, and Form I-360, Self-Petition fora Widow(er) of a U.S. Citizen. You mayfile an appeal with the BIA using FormEOIR-29, which is available on our websiteat www.uscis.gov/eoir-29 and at theDepartment of Justice website atwww.justice.gov/eoir/list-downloadable-eoir-forms.

NOTE: Regardless of the form type beingappealed, you may not appeal discretionaryAdam Walsh Act (AWA) “no-risk”determinations to either the BIA or theAAO. Instead, you must file a motion withthe office that issued the adversediscretionary determination in order torequest an administrative review of thatdetermination.

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State website athttp://travel.state.gov/content/visas/en/general/denials.html.

4. Do not use this form for appeals ofSpecial Agricultural Worker orLegalization applications. You must filethese appeals on Form I-694, Notice ofAppeal of Decision Under Sections 245Aor 210 of the Immigration and NationalityAct. Form I-694 is available atwww.uscis.gov/i-694.

Pages 1-3,General Instructions

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General Instructions

USCIS provides forms free of chargethrough the USCIS website. In order toview, print, or fill out our forms, youshould use the latest version of AdobeReader, which you can download for free athttp://get.adobe.com/reader/. If you donot have Internet access, you may call theUSCIS National Customer Service Centerat 1-800-375-5283 and ask that we mail aform to you. For TTY (deaf or hard ofhearing) call: 1-800-767-1833. If you arefiling this form electronically, you mustfollow the instructions provided on theUSCIS website at www.uscis.gov/file-online.

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Timeliness. In most cases, you must fileyour appeal or motion within 30 calendardays of the date of service of the adversedecision (or within 33 calendar days if wemailed the decision to you). However, ifyou are appealing a decision to revoke theapproval of an immigrant petition under 8CFR 205.2, you must file the appeal within15 calendar days (or within 18 calendardays if we mailed the decision to you).

NOTE: If we sent you the decision bymail, the “date of service” is the date wemailed the decision, not the date youreceived it. See 8 CFR 103.8(b).Decisions are normally mailed the sameday they are issued.

USCIS will reject a late-filed appeal unlessthe office that issued the adverse decision

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General Instructions

USCIS provides forms free of chargethrough the USCIS website. In order toview, print, or fill out our forms, youshould use the latest version of AdobeReader, which you can download for free athttp://get.adobe.com/reader/. If you donot have Internet access, you may call theUSCIS Contact Center at 1-800-375-5283and ask that we mail a form to you. ForTTY (deaf or hard of hearing) call: 1-800-767-1833. If you are filing this formelectronically, you must follow theinstructions provided on the USCIS websiteat www.uscis.gov/file-online.

Timeliness. If you are appealing a decisionto revoke the approval of an immigrantpetition under 8 CFR 205.2, you must filethe appeal within 15 calendar days of thedate of service of the unfavorable decision(or within 18 calendar days if we mailedthe decision to you). For all other cases,you must file your appeal or motion within30 calendar days (or within 33 calendardays if we mailed the decision to you).

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USCIS will reject a late appeal. However,unless you select the box in Part 2., Item


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determines that the untimely appeal meetsthe requirements of a motion to reopen or amotion to reconsider.

USCIS will deny a late-filed motion, exceptwe may excuse the failure to timely file amotion to reopen if we determine that thedelay was reasonable and beyond yourcontrol.

Signature. Each form must be properlysigned and filed. For all signatures on thisform, USCIS will not accept a stamped ortypewritten name in place of a signature. Ifyou are filing this form electronically,when authorized, USCIS will accept yoursignature in an electronic format. If you areunder 14 years of age, your parent or legalguardian may sign the form on your behalf.A legal guardian may also sign for amentally incompetent person.

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Filing Fee. Each form must beaccompanied by the appropriate filing fee.(See the What Is the Filing Fee section ofthese Instructions.)

Evidence. At the time of filing, you mustsubmit all evidence and supportingdocumentation listed in the SpecificInstructions and/or What Evidence MustYou Submit sections of these Instructions.If you are electronically filing this form,you must follow the instructions provided

Number 1.b., the office that issued theunfavorable decision may determine thatthe untimely appeal meets the requirementsof a motion to reopen or a motion toreconsider and issue a separate decision.

USCIS will dismiss a late motion.However, we may excuse the failure totimely file a motion to reopen if youdemonstrate that the delay was bothreasonable and beyond your control.

Signature. Each form must be properlysigned and filed. For all signatures on thisform, USCIS will not accept a stamped ortypewritten name in place of a signature. Ifyou are filing this form electronically,when authorized, USCIS will accept yoursignature in an electronic format. A parent,legal guardian or other individual may signon behalf of a child under the age of 14. Alegal guardian may also sign for a mentallyincompetent person. If the request is notsigned or if the requisite signature on therequest is not valid, USCIS will reject therequest. See 8 CFR 103.2(a)(7)(ii)(A).

NOTE: If you are a corporation or otherlegal entity, only an individual who is anofficer or employee of the entity who hasknowledge of the facts alleged in therequest, and who has authority to signdocuments on behalf of the entity, may signthe appeal or motion.

Validity of Signatures. USCIS willconsider a photocopied, faxed, or scannedcopy of the original handwritten signatureacceptable for filing purposes. Thephotocopy, fax, or scan must be of theoriginal document containing thehandwritten ink signature.

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Evidence. At the time of filing, you mustsubmit all evidence and supportingdocuments listed in the SpecificInstructions and/or What Evidence MustYou Submit sections of these Instructions.If you are electronically filing this form,you must follow the instructions provided


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on the USCIS online filing website, atwww.uscis.gov/file-online.

Biometric Services Appointment. USCISmay require that you appear for aninterview or provide fingerprints,photograph, and/or signature at any time toverify your identity, obtain additionalinformation, and conduct background andsecurity checks, including a check ofcriminal history records maintained by theFederal Bureau of Investigation (FBI),before making a decision on your appeal ormotion. After USCIS receives your appealor motion and ensures it is complete, wewill inform you in writing or by emailnotice if you e-file your form, if you needto attend a biometric services appointment.If an appointment is necessary, the noticewill provide you the location of your localor designated USCIS Application SupportCenter (ASC) and the date and time of yourappointment or, if you are currentlyoverseas, instruct you to contact a U.S.Embassy, U.S. Consulate, or USCIS officeoutside the United States to set up anappointment.

If you are required to provide biometrics, atyour appointment you must sign an oathreaffirming that:

1. You provided or authorized allinformation in the form,

2. You reviewed and understood all of theinformation contained in, and submittedwith, your form, and

3. All of this information was complete,true, and correct at the time of filing.

If you fail to attend your biometric servicesappointment, USCIS may dismiss or denyyour appeal or motion.

Copies. You should submit legiblephotocopies of documents requested,unless the Instructions specifically statethat you must submit an original document.USCIS may request an original documentat the time of filing or at any time duringprocessing of an application, petition, or

on the USCIS online filing website atwww.uscis.gov/file-online.

Biometric Services Appointment. USCISmay require that you appear for aninterview or provide biometrics(fingerprints, a photograph, and/or asignature) at any time to verify youridentity, obtain additional information, andconduct background and security checks,including a check of criminal historyrecords maintained by the Federal Bureauof Investigation (FBI), before making adecision on your appeal or motion. AfterUSCIS receives your appeal or motion andensures it is complete, we will inform youin writing or by email notice if you e-fileyour form, if you need to attend a biometricservices appointment. If an appointment isnecessary, the notice will provide you thelocation of your local or designated USCISApplication Support Center (ASC) and thedate and time of your appointment or, ifyou are currently overseas, instruct you tocontact a U.S. Embassy, U.S. Consulate, orUSCIS office outside the United States toset up an appointment.

If you are required to provide biometrics, atyour appointment you must sign an oathreaffirming that:

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1. You provided or authorized allinformation in the form,

2. You reviewed and understood all of theinformation contained in, and submittedwith, your form, and

3. All of this information was complete,true, and correct at the time of filing.

If you fail to attend your biometric servicesappointment, USCIS may dismiss yourappeal or motion.

Copies. You should submit legiblephotocopies of documents requested, unlessthe Instructions specifically state that youmust submit an original document. USCISmay request an original document at thetime of filing or at any time during theprocessing of an application, petition, or


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request. If USCIS requests an originaldocument from you, it will be returned toyou after USCIS determines it no longerneeds your original.

NOTE: If you submit original documentswhen not required or requested by USCIS,your original documents may beimmediately destroyed upon receipt.

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Translations. If you submit a documentwith information in a foreign language, youmust also submit a full English translation.The translator must sign a certification thatthe English language translation iscomplete and accurate, and that he or she iscompetent to translate from the foreignlanguage into English. The certificationmust include the translator’s signature.DHS recommends the certification containthe translator’s printed name and the dateand the translator’s contact information.

How to Fill Out Form I-290B

1. Type or print legibly in black ink.

2. If you need extra space to complete anyitem within this form, use the spaceprovided in Part 7. AdditionalInformation or attach a separate sheet ofpaper; type or print your name and AlienRegistration Number (A-Number) (if any)at the top of each sheet; indicate the PageNumber, Part Number, and ItemNumber to which your answer refers; andsign and date each sheet.

3. Answer all questions fully andaccurately. If a question does not apply toyou (for example, if you have never beenmarried and the question asks, “Provide thename of your current spouse”), type or print“N/A,” unless otherwise directed. If youranswer to a question which requires anumeric response is zero or none (forexample, “How many children do youhave” or “How many times have youdeparted the United States”), type or print“None,” unless otherwise directed.

request. If USCIS requests an originaldocument from you, it will be returned toyou after USCIS determines it no longerneeds the original.

NOTE: If you submit original documentswhen not required or requested by USCIS,your original documents may beimmediately destroyed upon receipt.

Translations. If you submit a documentwith information in a foreign language, youmust also submit a full English translation.The translator must sign a certification thatthe English language translation iscomplete and accurate, and that he or she iscompetent to translate from the foreignlanguage into English.

How to Fill Out Form I-290B

1. Type or print legibly in black ink.

2. If you need extra space to complete anyitem within this form, use the spaceprovided in Part 7. AdditionalInformation or attach a separate sheet ofpaper. Type or print your name and AlienRegistration Number (A-Number) (if any)at the top of each sheet; indicate the PageNumber, Part Number, and ItemNumber to which your answer refers; andsign and date each sheet.

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Pages 3-5,Specific Instructions

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Specific Instructions

Form I-290B is divided into Parts 1.through 7.

Part 1. Information About the Applicantor Petitioner

Item Numbers 1.a. - 1.c. Full Name. Ifan individual applicant or petitioner isfiling this appeal or motion, provide his orher full legal name. If the applicant orpetitioner has two last names, include bothand use a hyphen (-) between the names, ifappropriate. If the applicant or petitionerhas only one name, enter the name in theFamily Name (Last Name) field.

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Item Number 2. Business orOrganization Name (if applicable). If abusiness or organization is filing this appealor motion, provide its complete name,without abbreviations.

Item Number 3. Alien RegistrationNumber (A-Number, if applicable). Thisis the USCIS (or former Immigration andNaturalization Service (INS)) file number.It begins with an "A" and can be found on aPermanent Resident Card or oncorrespondence from the Department ofHomeland Security (DHS) or USCIS. Ifthe applicant or petitioner does not have anA-Number, leave this blank.

Item Number 4. USCIS Online AccountNumber (if any). If the applicant orpetitioner has previously filed anapplication, petition, or request using theUSCIS online filing system (previouslycalled USCIS Electronic ImmigrationSystem (USCIS ELIS)), provide the USCISOnline Account Number you were issuedby the system. You can find your USCISOnline Account Number by logging in to

Specific Instructions

Form I-290B is divided into Parts 1.through 7.

Part 1. Information About the Applicantor Petitioner

Item Numbers 1.a. - 1.c. Full Name. Ifyou are filing this appeal or motion as anindividual, provide your full legal name. Ifyou have two last names, include both anduse a hyphen (-) between the names, ifappropriate. If you have only one name,enter the name in the Family Name (LastName) field. Do not complete this item ifa business or organization is filing thisappeal or motion.

Item Number 2. Date of Birth. If you arefiling this appeal or motion as anindividual, provide your date of birth. Donot complete this item if a business ororganization is filing this appeal ormotion.

Item Number 3. Business orOrganization Name (if applicable). If abusiness or organization is filing this appealor motion, provide its complete name,without abbreviations.

Item Number 4. Alien RegistrationNumber (A-Number, if applicable). Thisis the USCIS (or former Immigration andNaturalization Service (INS)) file number.It begins with an "A" and can be found on aPermanent Resident Card (commonlycalled a Green Card) or on correspondencefrom the Department of Homeland Security(DHS) or USCIS. If you do not have an A-Number, leave this blank.

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Item Number 5. USCIS Online AccountNumber (if any). If the applicant orpetitioner has previously filed anapplication, petition, or request using theUSCIS online filing system (previouslycalled USCIS Electronic ImmigrationSystem (USCIS ELIS)), provide the USCISOnline Account Number issued by thesystem. You can find your USCIS OnlineAccount Number by logging in to your


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your account and going to the profile page.If you previously filed certain applications,petitions, or requests on a paper form at aUSCIS Lockbox facility, you may havereceived a USCIS Online Account AccessNotice issuing you a USCIS OnlineAccount Number. If you received such anotice, your USCIS Online AccountNumber can be found at the top of thenotice. If you were issued a USCIS OnlineAccount Number, enter it in the spaceprovided. The USCIS Online AccountNumber is not the same as an A-Number.If you do not have a USCIS OnlineAccount Number, leave this blank.

Item Numbers 5.a. - 5.i. MailingAddress. Provide the applicant’s orpetitioner’s complete mailing address(including military APO/FPO address, ifapplicable).

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account and going to the profile page. Ifyou previously filed certain applications,petitions, or requests on a paper form at aUSCIS Lockbox facility, you may havereceived a USCIS Online Account AccessNotice issuing you a USCIS OnlineAccount Number. If you received such anotice, your USCIS Online AccountNumber can be found at the top of thenotice. If you were issued a USCIS OnlineAccount Number, enter it in the spaceprovided. The USCIS Online AccountNumber is not the same as an A-Number.If you do not have a USCIS OnlineAccount Number, leave this blank.

Item Numbers 6.a. - 6.i. MailingAddress. Provide the applicant’s orpetitioner’s complete mailing address(including military APO/FPO address, ifapplicable).

Item Numbers 7.a. - 7.i. Alternate orSafe Mailing Address. If you are filing anappeal or motion related to a decision on aVAWA petition, T nonimmigrantapplication, or U nonimmigrant petition,and you do not feel safe receiving mailabout the appeal or motion at your homeaddress, provide a safe mailing address inPart 1., Item Numbers 7.a. - 7.i. If youare filing an appeal or motion related to aSpecial Immigrant Juvenile petition, youmay use this space to designate an alternateaddress to receive mail regarding yourForm I-290B. The safe or alternate addressmay be a post office box, the address of afriend, your attorney, a community-basedorganization that is helping you, or anyother address where you can safely andtimely receive mail. If you have anattorney or accredited representative, youmay also direct USCIS to send yourcorrespondence to his or her businessaddress by selecting the applicable item(s)on Form G-28, Notice of Entry ofAppearance as Attorney or AccreditedRepresentative, Part 4.

If you are filing a motion or appeal relatedto a VAWA petition, T nonimmigrantapplication, or U nonimmigrant petition,and you do not provide a safe address inPart 1., Item Numbers 7.a. - 7.i., we mayuse the address you provided in Part 1.,


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Part 2. Information About the Appeal orMotion

Item Numbers 1.a. - 1.f. Appeal orMotion Request (Select only one box).Select a single box from Item Numbers1.a. - 1.f. Do not select more than one boxor make any changes to the form. If youselect more than one box, your filing maybe rejected.

You must clearly indicate if you are filingan appeal or a motion. The notice youreceived with the adverse decision willstate whether you may file an appeal or amotion. Although you may be eligible tofile an appeal and a motion, you may onlyfile one or the other using a single Form I-290B.

The requirements for appeals are located at8 CFR Section 103.3, and the requirementsfor motions are located at 8 CFR Section103.5.

If you file an appeal, the USCIS office thatissued the adverse decision will review theappeal before it is sent to the AAO. See 8CFR Section 103.3. If the officedetermines that favorable action iswarranted, it may treat your appeal as amotion and approve your application orpetition, making further AAO reviewunnecessary. If the office decides thatfavorable action is not warranted, it willforward your appeal to the AAO forreview.

Item Numbers 6.a. - 6.i. or the address ofyour preparer if you listed one on yourForm I-290B.

Part 2. Information About the Appeal orMotion

You must clearly indicate if you are filingan appeal or a motion. The notice youreceived with the unfavorable decision willstate whether you may file an appeal or amotion. Although you may be eligible tofile both an appeal and a motion, you mayonly file one or the other using a singleForm I-290B. If you select a box for bothan appeal and a motion, we may dismissor reject your form. The requirements forappeals are located at 8 CFR 103.3, and therequirements for motions are located at 8CFR 103.5.

If you are filing an appeal, select one boxfrom Item Numbers 1.a. - 1.d.

NOTE: Unless you select the box in Part2., Item Number 1.b., the office thatissued the unfavorable decision will reviewyour appeal before sending it to the AAO.See 8 CFR 103.3(a)(2). If the officedetermines that favorable action iswarranted, it may treat your appeal as amotion and approve your application orpetition. If the office decides that favorableaction is not warranted, it will forward yourappeal to the AAO for review.

Select the box for Item Number 1.a. if youare submitting a brief and/or additionalevidence with your appeal. Except asprovided in the What Evidence Must YouSubmit section of these Instructions,USCIS generally limits the submission toallow the office that issued the unfavorabledecision to favorably consider the filing as


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a motion to reopen. Therefore, if you wantthe reviewing official to consider yourappeal as a motion to reopen before AAOreviews it, you must submit the supportingevidence with your appeal. If you do notconcurrently submit this evidence, thereviewing official will not consider theappeal as a motion to reopen, because theywould not have seen the new factssubmitted directly to the AAO.

Select the box for Item Number 1.b. if youare submitting a brief with your appeal andyou want the office that issued theunfavorable decision to forward yourappeal directly to the AAO without firstconsidering whether it may be favorablytreated as either a motion to reopen or amotion to reconsider.

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Select the box for Item Number 1.c. if youwill submit your brief directly to the AAOwithin 30 calendar days of filing the appeal.Again, if you want the reviewing official toconsider your appeal as a motion to reopen,you must submit the supporting evidencewith your appeal and not directly to theAAO. If you do not submit this evidencewith your appeal, the reviewing officialwill not treat the appeal as a motion toreopen, because they would not have seenthe new facts submitted directly to theAAO.

Select the box for Item Number 1.d. if youwill not be submitting any brief and/oradditional evidence with your appeal. Thismeans that the office that issued theunfavorable decision will not considerwhether your appeal may be favorablytreated as a motion to reopen before toforwarding it to the AAO.

If you are filing a motion, select one boxfrom Item Numbers 2.a. - 2.c. Select thebox for Item Numbers 2.a. if you are filinga motion to reopen. Select the box for ItemNumber 2.b. if you are filing a motion toreconsider. Select the box for ItemNumber 2.c. if you are filing a combinedmotion to reopen and motion to reconsider.Unlike an appeal, you must submit any


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NOTE: You cannot appeal a decision ofthe AAO to the AAO. However, you mayfile a motion on an AAO decision.

Item Number 2. USCIS Form for theApplication or Petition That is theSubject of This Appeal or Motion.Provide the form number for theapplication or petition that is the subject ofyour appeal or motion (for example, FormI-140, Form I-360, Form I-129, Form I-485, Form I-601). If you are filing thisform electronically and the form number isnot listed in the drop-down menu, select“Other.”

Item Number 3. Receipt Number for theApplication or Petition. Provide thereceipt number for the application orpetition that is the subject of your appeal ormotion. A receipt number is an inventorycontrol number assigned to a case byUSCIS. Receipt numbers generally startwith three letters (EAC, LIN, MSC, NBC,SRC, WAC, or YSC) followed by a seriesof numbers (for example, SRC 12 34567890). Receipt numbers are located onUSCIS-issued notices.

Item Number 4. RequestedNonimmigrant or ImmigrantClassification. Provide the specificclassification requested (for example, H-1B, R-1, O-1, EB-1, EB-2, EB-3, ifapplicable). If you are filing this formelectronically and the classification is notlisted in the drop-down menu, select“Other.”

brief and/or additional evidence with yourmotion.

You cannot appeal the AAO’s decision tothe AAO. If you do, USCIS will rejectyour appeal. However, you may file amotion on an AAO decision.

Item Number 3. Immigration FormThat is the Subject of This Appeal orMotion. Provide the form number for theapplication or petition that is the subject ofyour appeal or motion (for example, FormI-140, Form I-360, Form I-129, Form I-485, Form I-601). Only type or print oneform number. You may only file anappeal or motion for one application orpetition at a time. If you want to fileappeals or motions on multiple applicationsor petitions, you must file a separate FormI-290B for each application or petition.Please also note, if you file an appeal on adismissed motion and provided such anappeal is permitted per 8 CFR 103.5(a)(6),the AAO will limit its review to whetherthe motion was properly dismissed and willnot otherwise review the merits of theunderlying benefit request.

Item Number 4. Receipt Number for theApplication, Petition, or Other Request.Provide the receipt number for theapplication or petition that is the subject ofyour appeal or motion. Only type or printone receipt number.

A receipt number is an inventory controlnumber USCIS assigned to a case. Receiptnumbers generally start with three letters(EAC, LIN, MSC, NBC, SRC, WAC, orYSC) followed by a series of numbers (forexample, SRC 12 345 67890). Receiptnumbers are located on USCIS-issuednotices.

Item Number 5. Requested Immigrantor Nonimmigrant Classification. Providethe specific classification requested (forexample, H-1B, R-1, O-1, EB-1, EB-2, EB-3) (if applicable).


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Item Number 5. Date of the AdverseDecision. Provide the date of the decisionthat is the subject of your appeal or motion,in mm/dd/yyyy format.

Item Number 6. Office That Issued theAdverse Decision. Provide the name ofthe office that issued the decision that is thesubject of your appeal or motion. If youare filing a motion on an AAO decision, thecorrect office is “Administrative AppealsOffice (AAO).” If you are filing this formelectronically, and the office name is notlisted in the drop-down menu, select“Other.”

Part 3. Basis for the Appeal or Motion

You must type or print the basis for theappeal or motion in Part 7. AdditionalInformation or on a separate sheet ofpaper. If you attach a separate sheet ofpaper, include your name and A-Number(if any) on the top of each sheet; indicatethe Page Number, Part Number, andItem Number to which your answer refers;and sign and date each sheet.

Appeal: Provide a statement thatspecifically identifies an erroneousconclusion of law or fact in the decisionbeing appealed. You must provide thisinformation with the Form I-290B, evenif you intend to file a brief later. If youneed extra space to complete this section,use the space provided in Part 7.Additional Information.

Item Number 6. Date of the UnfavorableDecision. Provide the date of the decisionthat is the subject of your appeal or motion,in mm/dd/yyyy format.

Item Number 7. Office That Issued theUnfavorable Decision. Provide the nameof the office that issued the decision that isthe subject of your appeal or motion. Ifyou are filing a motion on an AAOdecision, the correct office is“Administrative Appeals Office (AAO).”

Part 3. Basis for the Appeal or Motion

You must provide a statement regardingthe basis for your appeal or motion inthe space provided in Part 3. If you needadditional space to provide your statement,use Part 7. Additional Information or ona separate sheet of paper. If you attach aseparate sheet of paper, type or print thename and A-Number (if any) used in Part1. at the top of each sheet; indicate thePage Number, Part Number, and ItemNumber to which your answer refers; andsign and date each sheet.

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Appeal: Provide a statement thatspecifically identifies an erroneousconclusion of law or statement of fact in thedecision you are appealing. You MUSTprovide this information with the FormI-290B, even if you intend to file a brieflater. Your appeal must address allgrounds of ineligibility identified in theunfavorable decision. If you do not addressan issue in a statement on this form or in asupporting brief, we may deem it waivedfor the appeal. A waived ground ofineligibility may be the sole basis for adismissed appeal. If you need extra spaceto complete this section, use the spaceprovided in Part 7. AdditionalInformation.

NOTE: The AAO reviews questions oflaw, policy, and fact “de novo” and appliesthe “abuse of discretion” standard of reviewto matters of discretion. De novo review


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Motion to Reopen: A motion to reopenmust state new facts and must be supportedby documentary evidence demonstratingeligibility for the required immigrationbenefit at the time you filed the applicationor petition.

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Motion to Reconsider: A motion toreconsider must demonstrate that thedecision was based on an incorrectapplication of law or policy, and that thedecision was incorrect based on theevidence in the case record at the time ofthe decision. The motion must besupported by citations to appropriatestatutes, regulations, precedent decisions,or statements of USCIS policy.

Combined Motions to Reopen andReconsider: You may file a combinedmotion to reopen and motion toreconsider. We will separately determinewhether the combined motion satisfies therequirements of a motion to reopen and amotion to reconsider. We may grant bothmotions, grant one motion but deny theother, or deny both motions.

Part 4. Applicant’s or Petitioner’sStatement, Contact Information,Certification, and Signature

Complete Section A, Item Numbers 1.a. -6.b., if you are filing an appeal or motionbased on an application or petition filed byan individual. Complete Section B, ItemNumbers 1.a. - 8.b., if you are filing anappeal or motion based on a petition filedby a business or organization. Select theappropriate box to indicate whether youread this form yourself or whether you had

means that the AAO does not give anydeference to conclusions of law andfindings of fact in the decision beingreviewed. To find an abuse of discretionrequires the AAO to have a firm convictionthat a discretionary decision is grosslyunsound, unreasonable, contrary to law, orunsupported by the evidence.

Motion to Reopen: A motion to reopenmust state new facts and must be supportedby documentary evidence demonstratingeligibility for the requested immigrationbenefit at the time you filed the applicationor petition. A "new fact” is evidence thatwas not reasonably available and could nothave been reasonably discovered orpresented in the previous proceeding.

Motion to Reconsider: A motion toreconsider must state the reasons forreconsideration and must be supported byany pertinent precedent decisions toestablish that the decision was based on anincorrect application of law or servicepolicy, if applicable. The motion must alsoestablish that the decision was incorrectbased on the evidence of record at the timeof the decision.

Combined Motions to Reopen andReconsider: You may file a combinedmotion to reopen and motion toreconsider. We will separately determinewhether the combined motion satisfies therequirements of a motion to reopen and amotion to reconsider. We may grant bothmotions, grant one motion but dismiss theother, or dismiss both motions.

Part 4. Applicant’s or Petitioner’sStatement, Contact Information,Certification, and Signature

Complete Section A, Item Numbers 1.a. -8.b., if you are filing an appeal or motionbased on an application or petition filed byan individual. Complete Section B, ItemNumbers 1.a. - 8.b., if you are filing anappeal or motion based on a petition filedby a business or organization. Select theappropriate box to indicate whether youread this form yourself or whether you had


14

an interpreter assist you. If someoneassisted you in completing the form, selectthe box indicating that you used a preparer.Further, you must sign and date your formand provide your daytime telephonenumber, mobile telephone number (if any),and email address (if any). If you arecompleting Section B as an authorizedsignatory of a business or organization, youmust also provide your full legal name andtitle. Every form MUST contain thesignature of the applicant or petitioner (orparent, legal guardian, or authorizedsignatory, if applicable). A stamped ortypewritten name in place of a signature isnot acceptable.

Part 5. Interpreter’s ContactInformation, Certification, andSignature

Item Numbers 1.a. - 7.b. If you usedanyone as an interpreter to read theInstructions and questions on this form toyou in a language in which you are fluent,the interpreter must fill out this section,provide his or her name, the name andaddress of his or her business ororganization (if any), his or her daytimetelephone number, his or her mobiletelephone number (if any), and his or heremail address (if any). The interpreter mustsign and date the form.

Part 6. Contact Information,Declaration, and Signature of the PersonPreparing this Form, if Other Than theApplicant or Petitioner

Item Numbers 1.a. - 8.b. This sectionmust contain the signature of the personwho completed your form, if other thanyou, the applicant or petitioner. If the sameindividual acted as your interpreter andyour preparer, that person should completeboth Part 5. and Part 6. If the person whocompleted this form is associated with abusiness or organization, that person shouldcomplete the business or organization nameand address information. Anyone whohelped you complete this form MUST signand date the form. A stamped ortypewritten name in place of a signature is

an interpreter assist you. If someoneassisted you in completing the form, selectthe box indicating that you used a preparer.You must sign and date your form andprovide your daytime telephone number,mobile telephone number (if any), andemail address (if any). If you arecompleting Section B as an authorizedsignatory of a business or organization, youmust also provide your full legal name andtitle. Every form MUST contain thesignature of the applicant or petitioner (orparent, legal guardian, or authorizedsignatory, if applicable). We will notaccept a stamped or typewritten name inplace of a signature.

Part 5. Interpreter’s ContactInformation, Certification, andSignature

Item Numbers 1.a. - 7.b. If you usedanyone as an interpreter to read theInstructions and questions on this form toyou in a language in which you are fluent,the interpreter must fill out this section;provide his or her name, the name andaddress of his or her business ororganization (if any), his or her daytimetelephone number, his or her mobiletelephone number (if any), and his or heremail address (if any). The interpreter mustsign and date the form.

[Page 7]

Part 6. Contact Information,Declaration, and Signature of the PersonPreparing this Form, if Other Than theApplicant or Petitioner

Item Numbers 1.a. - 8.b. This sectionmust contain the signature of the personwho completed your form, if other thanyou, the applicant or petitioner. If the sameindividual acted as your interpreter andyour preparer, that person should completeboth Part 5. and Part 6. If the person whocompleted this form is associated with abusiness or organization, that person shouldcomplete the business or organization nameand address information. Anyone whohelped you complete this form MUST signand date the form. We will not accept astamped or typewritten name in place of a


15

not acceptable. If the person who helpedyou prepare your form is an attorney oraccredited representative whoserepresentation extends beyond preparationof this form, he or she may be obliged toalso submit a completed Form G-28, Noticeof Entry of Appearance as Attorney orAccredited Representative, along with yourform. All appeals filed by an attorney orrepresentative on behalf of an applicantor petitioner must contain a new,properly executed Form G-28.

Part 7. Additional Information

Item Numbers 1.a. - 7.d. If you needextra space to provide any additionalinformation within this form, including thestatement regarding the basis for the appealor motion from Part 3., use the spaceprovided in Part 7. AdditionalInformation. If you need more space thanwhat is provided in Part 7., you may makecopies of Part 7. to complete and file withyour form, or attach a separate sheet ofpaper. Type or print your name and A-Number (if any) at the top of each sheet;indicate the Page Number, Part Number,and Item Number to which your answerrefers, and sign and date each sheet.

We recommend that you print or save acopy of your completed form to review inthe future and for your records.

signature. If the person who helped youprepare your form is an attorney oraccredited representative, he or she mayalso need to submit a completed Form G-28, Notice of Entry of Appearance asAttorney or Accredited Representative,along with your form. All appeals filed byan attorney or representative on behalf ofan applicant or petitioner must contain anew, properly completed Form G-28,signed after the denial and listing the I-290B as the form covered by the Form G-28.

Part 7. Additional Information

Item Numbers 1.a. - 7.d. If you needextra space to provide any additionalinformation within this form, including thestatement regarding the basis for the appealor motion from Part 3., use the spaceprovided in Part 7. AdditionalInformation. If you need more space thanwhat is provided in Part 7., you may makecopies of Part 7. to complete and file withyour form, or attach a separate sheet ofpaper. Type or print the name and A-Number (if any) used in Part 1. at the topof each sheet; indicate the Page Number,Part Number, and Item Number to whichyour answer refers, and sign and date eachsheet.

We recommend that you print or save acopy of your completed form for yourrecords.

Page 6,What Evidence MustYou Submit?

[Page 6]

What Evidence Must You Submit?

If you do not submit all evidence requestedin these Instructions, USCIS may reject,dismiss, or deny your appeal or motion.

For motions, you must file any brief and/oradditional evidence together with Form I-290B. All motions must also contain astatement about whether the USCISdecision that is the basis of the motion is, orhas been, the subject of any judicialproceeding; and, if so, the court, nature,date, and status or result of the proceeding.

[Page 7]

What Evidence Must You Submit?

If you do not submit all information orevidence requested in these Instructions,USCIS may reject or dismiss your appealor motion.

For motions, you must file any brief and/oradditional evidence together with Form I-290B. All motions must also contain astatement about whether the USCISdecision that is the basis of the motion is, orhas been, the subject of any judicialproceeding; and, if so, the court, nature,date, and status or result of the proceeding.


16

NOTE: There are additional evidentiaryrequirements for a motion to reopen anapplication or petition denied due toabandonment. See 8 CFR 103.5(a)(2).

For appeals, you must file any brief and/oradditional evidence within 30 calendar daysof filing Form I-290B. Any brief and/orevidence submitted after you file Form I-290B must be sent directly to the AAO,even if the appeal has not yet beentransferred to the AAO.

There are additional evidentiaryrequirements for a motion to reopen anapplication or petition denied due toabandonment. See 8 CFR 103.5(a)(2).

For appeals, you must file any brief within30 calendar days of filing Form I-290B.Any brief submitted after you file FormI-290B must be sent directly to the AAO,even if the appeal has not yet beentransferred to the AAO.

The AAO will not consider evidencesubmitted for the first time on appeal whenthe affected party has been: (1) put onnotice of the evidentiary requirement (forexample, by statute, regulation, forminstructions, request for evidence, notice ofintent to deny, or notice of intent torevoke); (2) given a reasonable opportunityto provide the evidence before the issuanceof the unfavorable decision; and (3) theevidence was reasonably available or couldhave been reasonably discovered orpresented in the prior proceeding. In suchcases, the AAO may identify thedocuments as non-record material or returnthe documents to the affected party or theaffected party’s attorney or accreditedrepresentative of record. This means that ifthis evidence is not part of the officialrecord of proceeding, USCIS will notconsider it for any purpose. However, ifthe affected party submits evidence for thefirst time on appeal that is material anddoes not fall into one of these threecategories, the AAO will generally remandthe matter to the office that issued theunfavorable decision for consideration as amotion to reopen.

NOTE: The term record of proceeding(also referred to as the record or the officialrecord of proceeding) means the officialhistory of any benefit request, hearing,examination, proceeding, notice to appear,or adjudicative action before DHS. Inaddition to the benefit request or otherinitiating document, the record ofproceeding includes:

[Page 8]


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For the AAO’s mailing address, visitwww.uscis.gov/aao. The submission mustclearly identify the appeal it relates to. Ifyou have filed multiple related appeals withthe AAO, you must provide separate copiesof any brief and/or additional evidence foreach appeal. Otherwise, the AAO may notbe able to consider the submittedinformation for the related appeals.

You may request an oral argument beforethe AAO in Washington, D.C., bysubmitting a letter attached to Form I-290B. The letter must explain specificallywhy an oral argument is necessary (forexample, why your argument cannot beadequately addressed in writing.) TheAAO has sole discretion to grant or denythe request. If the AAO grants yourrequest, it will inform you of the date, time,place, and conditions of the oral argument.The U.S. Government does not provideinterpreters for oral arguments.

1. The recordings or transcripts ofhearings or interviews, exhibits,prior benefit requests, and anyother evidence relied upon in theadjudication;

2. Documents filed in connection withthe proceedings, including motionsand briefs;

3. The DHS officer’s determination;4. Notice of appeal or certification;5. The Administrative Appeals

Office, Board, or other appellatedetermination;

6. Motions to reopen and reconsider;and

7. Documents submitted in support ofappeals, certifications, or motions.DHS may exclude classifiedinformation to ensure compliancewith 6 CFR part 7, 8 CFR103.2(b)(16)(iv), or any otherapplicable law or policy.

For the AAO’s mailing address, visitwww.uscis.gov/aao. The submission mustclearly identify the related appeal. If youhave filed multiple related appeals with theAAO, you must provide separate copies ofany brief and/or additional evidence foreach appeal. Otherwise, the AAO may notbe able to consider the submittedinformation for the related appeals.

You may request an oral argument beforethe AAO in Washington, D.C., bysubmitting a letter attached to Form I-290B. The letter must explain specificallywhy an oral argument is necessary (forexample, why you cannot properly addressyour argument in writing.) The AAO hassole discretion to grant or deny the request.If the AAO grants your request, it willinform you of the date, time, place, andconditions of the oral argument. The U.S.Government does not provide interpretersfor oral arguments.

Pages 6-7,What Is the Filing Fee?

[page 6]

What Is the Filing Fee?

The filing fee for Form I-290B is $675.

No fee is required if you are filing Form I-290B to appeal a denial of a petition for a

[page 8]

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special immigrant visa by an Iraqi orAfghan national who worked for or onbehalf of the U.S. Government in Iraq orAfghanistan.

NOTE: The filing fee is not refundable,regardless of any action USCIS takes onthis form. DO NOT MAIL CASH. Youmust submit all fees in the exact amounts.

Use the following guidelines when youprepare your check or money order forthe Form I-290B fee:

1. The check or money order must bedrawn on a bank or other financialinstitution located in the United States andmust be payable in U.S. currency; and

2. Make the check or money order payableto U.S. Department of HomelandSecurity.

NOTE: Spell out U.S. Department ofHomeland Security; do not use the initials“USDHS” or “DHS.”

3. If you live outside the United States,contact the nearest U.S. Embassy or U.S.Consulate for instructions on the method ofpayment.

Notice to Those Making Payment byCheck. If you send us a check, USCIS willconvert it into an electronic funds transfer(EFT). This means we will copy yourcheck and use the account information on itto electronically debit your account for theamount of the check. The debit from youraccount will usually take 24 hours, and willbe shown on your regular accountstatement.

You will not receive your original checkback. We will destroy your original check,but will keep a copy of it. If USCIS cannotprocess the EFT for technical reasons, youauthorize us to process the copy in place ofyour original check. If your check isreturned as unpayable, USCIS will re-submit the payment to the financialinstitution one time. If the check isreturned as unpayable a second time, we

Payments by Check or Money Order

Use the following guidelines when youprepare your check or money order for theForm I-290B fee:

1. The check or money order must bedrawn on a bank or other financialinstitution located in the United States andmust be payable in U.S. currency; and

2. Make the check or money order payableto U.S. Department of HomelandSecurity.

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Notice to Those Making Payment byCheck. If you send USCIS a check, wewill convert it into an electronic fundstransfer (EFT). This means we will copyyour check and use the account informationon it to electronically debit your accountfor the amount of the check. The debitfrom your account will usually take 24hours, and your bank will show it on yourregular account statement.

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will reject your form and charge you areturned check fee.

[new]

[Page 7]

How to Check If the Fees Are Correct

Form I-290B’s filing fee is current as of theedition date in the lower left corner of thispage. However, because USCIS feeschange periodically, you can verify if thefees are correct by following one of thesteps below:

1. Visit the USCIS website atwww.uscis.gov, select “FORMS” andcheck the appropriate fee; or

2. Call the USCIS National CustomerService Center at 1-800-375-5283 and askfor fee information. For TTY (deaf or hardof hearing) call: 1-800-767-1833.

NOTE: You only need to pay one filingfee if you are filing an appeal or motionrelating to a single application or petition,even if the application or petition hasmultiple beneficiaries.

Fee Waiver

USCIS may waive the fee for Form I-290Bunder 8 CFR 103.7(c) if you can show aninability to pay and:

1. The appeal or motion is from a denial ofan immigration benefit request for whichyou were not required to pay a fee; or

2. The fee for the underlying application orpetition could have been waived.

[Page 9]

Payments by Credit Card

If you are filing your Form I-290B at aUSCIS Lockbox facility, you can pay yourfiling fee using a credit card. Please seeForm G-1450, Authorization for CreditCard Transactions, at www.uscis.gov/G-1450 for more information.

How to Check If the Fees Are Correct

Form I-290B’s filing fee is current as of theedition date in the lower left corner of thispage. However, because USCIS feeschange periodically, you can verify if thefees are correct by following one of thesteps below:

1. Visit the USCIS website atwww.uscis.gov, select “FORMS” andcheck the appropriate fee; or

2. Visit the USCIS Contact Center atwww.uscis.gov/contactcenter to getanswers to your questions and connect witha live USCIS representative. The USCISContact Center provides information inEnglish and Spanish. For TTY (deaf orhard of hearing) call: 1-800-767-1833.

NOTE: You only need to pay one filingfee if you are filing an appeal or motionrelating to a single application or petition,even if the application or petition hasmultiple beneficiaries.

Fee Waiver

USCIS may waive the fee for Form I-290Bunder 8 CFR 103.7(c) if you can show aninability to pay and:

1. The appeal or motion is from a denial ofan immigration benefit request for whichyou were not required to pay a fee; or

2. The fee for the underlying application orpetition could have been waived.


20

If you believe you are eligible for a feewaiver, complete Form I-912, Request forFee Waiver (or a written request) andsubmit it and any required evidence of yourinability to pay the filing fee with this form.You can review the fee waiver guidance atwww.uscis.gov/feewaiver.

If you believe you may be eligible for a feewaiver, please review the fee waiverguidance at www.uscis.gov/feewaiver.

Page 7,Where To File?

[page 7]

Where To File?

Use the chart at www.uscis.gov/i-290b-addresses to determine the correct filingaddress for your appeal or motion. Form I-290B is not considered received by USCISunless you file it at the proper location.

You may also call our National CustomerService Center at 1-800-375-5283 for themost current information about where tofile this form. For TTY (deaf or hard ofhearing) call: 1-800-767-1833.

DO NOT FILE FORM I-290BDIRECTLY WITH THE AAO.

[page 9]

Where To File?

Use the chart at www.uscis.gov/i-290b-addresses or visit the USCIS ContactCenter at www.uscis.gov/contactcenter toconnect with a USCIS representative forthe most current information about whereto file this form. The USCIS ContactCenter provides information in English andSpanish. For TTY (deaf or hard of hearing)call: 1-800-767-1833. We will notconsider your Form I-290B as receivedunless you file it at the proper location.

DO NOT FILE FORM I-290BDIRECTLY WITH THE AAO.

Page 7,Address Change

[page 7]

Address Change

Most non-U.S. citizens must notify USCISof their new address within 10 days ofmoving. In addition, applicants orpetitioners must inform USCIS of their newaddress for any pending or recentlyapproved case to ensure that all notices aresent to the correct address. For informationon filing a change of address, go to theUSCIS website atwww.uscis.gov/addresschange or contactthe USCIS National Customer ServiceCenter at 1-800-375-5283. For TTY (deafor hard of hearing) call: 1-800-767-1833.

NOTE: Do not submit a change of addressrequest to the USCIS Lockbox facilitiesbecause the Lockbox does not processchange of address requests. If you have anonline account, you may also change youraddress in the USCIS online filing systemby logging into your user account andupdating your Account Profile.

[page 9]

Address Change

An applicant or petitioner who is not a U.S.citizen must notify USCIS of his or her newaddress within 10 days of moving from hisor her previous residence. For informationon filing a change of address, go to theUSCIS website atwww.uscis.gov/addresschange or reachout to the USCIS Contact Center atwww.uscis.gov/contactcenter for help.The USCIS Contact Center providesinformation in English and Spanish. ForTTY (deaf or hard of hearing) call: 1-800-767-1833.

NOTE: Do not submit a change of addressrequest to the USCIS Lockbox facilitiesbecause the Lockbox does not processchange of address requests. If you have anonline account, you may also change youraddress in the USCIS online filing systemby logging into your user account andupdating your Account Profile.


21

If you move while you have a pendingappeal or motion before the AAO, pleasealso send the AAO a written change ofaddress notice to ensure that your decisionis sent to your new address. Your changeof address notice should state the type ofapplication or petition that is the subject ofthe appeal or motion, and reference anyrelevant receipt numbers and A-Numbers.The AAO’s mailing address is available atwww.uscis.gov/aao or by calling theUSCIS National Customer Service Centerat the number below.

To find out where your case is currentlylocated, call the USCIS National CustomerService Center number at 1-800-375-5283.For TTY (deaf or hard of hearing) call: 1-800-767-1833. To find out the status ofyour case, visit the USCIS website at:https://egov.uscis.gov/casestatus/landing.do.

The AAO’s mailing address is available atwww.uscis.gov/aao or by calling theUSCIS Contact Center at 1-800-375-5283.

To find out where your case is currentlylocated, call the USCIS Contact Center, orvisit the USCIS website at:https://egov.uscis.gov/casestatus/landing.do.

Page 8,Processing Information

[Page 8]

Processing Information

Initial Processing. Once USCIS acceptsyour form we will check it forcompleteness. If you do not completely fillout this form, you will not establish a basisfor your eligibility and USCIS may reject,dismiss, or deny your appeal or motion.

Requests for More Information. We mayrequest that you provide more informationor evidence to support your appeal ormotion. We may also request that youprovide the originals of any copies yousubmit. If USCIS requests an originaldocument from you, it will be returned toyou after USCIS determines it no longerneeds your original.

Decision. The decision on Form I-290Binvolves a determination of whether youhave established eligibility for theimmigration benefit you are seeking.USCIS will notify you of the decision inwriting or, for forms filed electronically,through an electronic notice.

[Page 10]

Processing Information

Initial Processing. Once USCIS acceptsyour form we will check it forcompleteness. If you do not completely fillout this form, you will not establish a basisfor your eligibility and USCIS may rejector dismiss your appeal or motion.

Requests for More Information. We mayrequest that you provide more informationor evidence to support your appeal ormotion. We may also request that youprovide the originals of any copies yousubmit. If we request an original documentfrom you, it will be returned to you afterUSCIS determines it no longer needs youroriginal.

Decision. The decision on Form I-290Binvolves determining whether you haveestablished eligibility for the immigrationbenefit you are seeking. USCIS will notifyyou of the decision in writing or, for formsfiled electronically, through an electronicnotice.

Page 8,USCIS Forms andInformation

[Page 8]

USCIS Forms and Information

[Page 10]

USCIS Forms and Information


22

To ensure you are using the latest versionof this form, visit the USCIS website atwww.uscis.gov where you can obtain thelatest USCIS forms and immigration-related information. If you do not haveinternet access, you may order USCISforms by calling the USCIS Contact Centerat 1-800-375-5283. The USCIS ContactCenter provides information in English andSpanish. For TTY (deaf or hard of hearing)call: 1-800-767-1833.

Instead of waiting in line for assistance atyour local USCIS office, you can schedulean appointment online at www.uscis.gov.Select “Schedule an Appointment” andfollow the screen prompts to set up yourappointment. Once you finish schedulingan appointment, the system will generate anappointment notice for you.

To ensure you are using the latest versionof this form, visit the USCIS website atwww.uscis.gov where you can obtain thelatest USCIS forms and immigration-related information. If you do not haveInternet access, you may order USCISforms by calling the USCIS Contact Centerat 1-800-375-5283. The USCIS ContactCenter provides information in English andSpanish. For TTY (deaf or hard of hearing)call: 1-800-767-1833.

Instead of waiting in line for assistance atyour local USCIS office, you can schedulean appointment online at www.uscis.gov.Select “Tools,” then under “Self ServiceTools,” select “Make an Appointment” andfollow the screen prompts to set up yourappointment. Once you finish schedulingan appointment, the system will generate anappointment notice for you.

Page 8,Penalties

[Page 8]

Penalties

If you knowingly and willfully falsify orconceal a material fact or submit a falsedocument with your Form I-290B, we willdeny your motion or dismiss your appeal,and may deny (or revoke the approval of)any other immigration benefit. In addition,you will face severe penalties provided bylaw, and may be subject to criminalprosecution.

[Page 10]

Penalties

If you knowingly and willfully falsify orconceal a material fact or submit a falsedocument with your Form I-290B, we willdismiss your motion or appeal, and maydeny (or revoke the approval of) any otherimmigration benefit. In addition, you willface severe penalties provided by law, andmay be subject to criminal prosecution.

Pages 8-9,DHS Privacy Notice

[Page 8]

DHS Privacy Notice

AUTHORITIES: The informationrequested on this form, and the associatedevidence, is collected under theImmigration and Nationality Act section103 and 8 CFR Sections 103.3 and 103.5.

PURPOSE: The primary purpose forproviding the requested information on thisform is to enable you to file an appeal ormotion to reopen or motion to reconsidercertain decisions by USCIS or a bondbreach determination issued by U.S.Immigration and Customs Enforcement.DHS will use the information you provide

[Page 10]

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on this form to adjudicate your appeal ormotion.

DISCLOSURE: The information youprovide is voluntary. However, failure toprovide the requested information,including your Social Security number, andany requested evidence, may delay a finaldecision or result in dismissal of yourappeal or denial of your motion.

[Page 9]

ROUTINE USES: DHS may share theinformation you provide on this form withother Federal, state, local, and foreigngovernment agencies and authorizedorganizations. DHS follows approvedroutine uses described in the associatedpublished system of records forms[DHS/USCIS-001 - Alien File, Index, andNational File Tracking System andDHS/USCIS-007 - Benefits InformationSystem] and published privacy impactassessments [DHS/USCIS/PIA-016(a)Computer Linked Application InformationManagement System and AssociatedSystems and DHS/USCIS/PIA-062Administrative Appeals Office CaseManagement System], which can be foundat www.dhs.gov/privacy. DHS may alsoshare the information, as appropriate, forlaw enforcement purposes or in the interestof national security.

DISCLOSURE: The information youprovide is voluntary. However, failure toprovide the requested information,including your Social Security number (ifapplicable), and any requested evidence,may delay a final decision or result indismissal of your appeal or motion.

[Page 11]

ROUTINE USES: DHS may share theinformation you provide on this form withother Federal, state, local, and foreigngovernment agencies and authorizedorganizations. DHS follows approvedroutine uses described in the associatedpublished system of records forms[DHS/USCIS/ICE/CBP-001-Alien File,Index, and National File Tracking System,DHS/USCIS-007 - Benefits InformationSystem, and DHS/USCIS-018 ImmigrationBiometric and Background Check] andpublished privacy impact assessments[DHS/USCIS/PIA-016(a) Computer LinkedApplication Information ManagementSystem and Associated Systems andDHS/USCIS/PIA-062 AdministrativeAppeals Office Case Management System],which can be found atwww.dhs.gov/privacy. DHS may alsoshare the information, as appropriate, forlaw enforcement purposes or in the interestof national security.

Page 9,Paperwork ReductionAct

[Page 9]

Paperwork Reduction Act

An agency may not conduct or sponsor aninformation collection, and a person is notrequired to respond to a collection ofinformation unless it displays a currentlyvalid Office of Management and Budget(OMB) control number. The publicreporting burden for this collection ofinformation is estimated at 90 minutes perresponse including the time for reviewing,gathering the required documentation andinformation, completing the form,preparing statements, attaching necessarydocumentation, and submitting the form.Send comments regarding this burden

[Page 11]

Paperwork Reduction Act

An agency may not conduct or sponsor aninformation collection, and a person is notrequired to respond to a collection ofinformation unless it displays a currentlyvalid Office of Management and Budget(OMB) control number. The publicreporting burden for this collection ofinformation is estimated at 1 hour and 30minutes per response including the time forreviewing, gathering the requireddocumentation and information, completingthe form, preparing statements, attachingnecessary documentation, and submittingthe form. Send comments regarding this


24

estimate or any other aspect of thiscollection of information, includingsuggestions for reducing this burden, to:U.S. Citizenship and Immigration Services,Regulatory Coordination Division, Officeof Policy and Strategy, 20 MassachusettsAve NW, Washington, DC 20529-2140;OMB No. 1615-0095. Do not mail yourcompleted Form I-290B to this address.

burden estimate or any other aspect of thiscollection of information, includingsuggestions for reducing this burden, to:U.S. Citizenship and Immigration Services,Regulatory Coordination Division, Officeof Policy and Strategy, 20 MassachusettsAve NW, Washington, DC 20529-2140;OMB No. 1615-0095. Do not mail yourcompleted Form I-290B to this address.


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

Documents

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