You or a family member may have gotten an order for deportation from the U.S., a denial for a visitor program, or another immigration-related order or denial. If so, you may be able to get the order or denial retracted by filing a formal appeal or motion with Immigration Form I-290B – Notice of Appeal or Motion. This legal form lets the person who received an order or denial defend themselves in order to have it retracted.
When Is it Necessary to File Form USCIS I-290B?
When a person who received an immigration-related order or denial makes an appeal or a motion, they try to convince another party that the decision was wrong and that their initial petition or application (such as an application for U.S. citizenship) was valid. The party who receives the appeal or motion may be the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Services (USCIS) or a different authority.
With USCIS Form I-290B, a person can file an appeal or motion. You or a family member may choose to file an appeal or motion if you or your loved one received:
- An order for deportation from the U.S.
- A denial for a visitor program
- A denial for a work Visa
- A denial for a student exchange program
- Another order or denial regarding any immigration-related petition or application
If you believe you have valid reasons that the order or denial decision was wrong, you should file an appeal or motion if you think you can prove it. It is necessary to file Form I-290B if you want to make an appeal or motion.
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Who Has to Complete Form I-290B?
The person who wants to make the appeal or motion must be the one to complete the form. However, if the person has an agency representing them (like an attorney), the agency can complete the form on behalf of the individual.
What Information Should I Include in My Appeal or Motion?
You should submit a few things in your appeal or motion. First, you should list your arguments against the order or denial you received and your arguments for your initial petition or application (like your application for U.S. citizenship). If you need help coming up with arguments, a family member, friend, or an immigration attorney from our firm can help.
After listing your arguments, you should summarize them. This summary is called a brief. You do not have to include a brief, but it will likely help your appeal or motion.
Additionally, you should include evidence in your appeal or motion. Depending on your situation, your evidence could consist of an affidavit from an expert, your initial application for citizenship, or something else. Again, an immigration lawyer from our firm can help you come up with evidence for your appeal or motion.
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How Long Does an I-290B Appeal or Motion Take?
Depending on your situation, it could take three to six months or longer to get a response to your appeal or motion. However, our lawyers for immigration can help you develop arguments or evidence and then file your appeal or motion properly, which may help validate it and speed up its processing time.
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Should I Appeal, File a Motion, or Reapply?
This depends on your situation and the petition or application you would need to file. Sometimes, reapplying is easier and can be more successful. By reapplying, you would not have to convince an agency to change its decision.
However, you should contact one of our immigration attorneys before proceeding. Your attorney can advise you about whether appealing, filing a motion, or reapplying would be better for your situation and which could be more successful.
How Much Time Do I Have to Appeal or File a Motion?
You have a limited time to appeal or file a motion against an order or decision. Typically, appellants have 30 days to appeal or file a motion.
Contact our Firm for Help Completing Your Immigration Notice of Appeal or Motion
If you choose to complete Form I-290B on your own, you can do so on the website of the United States government via their online portal, Pay.gov. However, if you would prefer to have an immigration lawyer from our firm help you complete the form or complete the form for you, you can contact us. We can help you with filing an appeal, motion, or reapplying.
During a strategic session with a member of our team, we will evaluate your situation and advise you about how to proceed. If you would like us to help you come up with arguments and evidence for your appeal or motion and file it for you, we can do so. We are confident we can help you, so do not hesitate to reach out to us. Call New Frontier Immigration Law today.