The Immigration Attorneys
I-290B Motion to Reopen or Reconsider
Your Case Isn't Over: Fighting Back After a USCIS Denial with an I-290B
A denial letter is a setback, not a final answer. You have a narrow window (usually 30 or 33 days) to challenge a USCIS decision. Let us fight to reopen your case.
A denial letter from USCIS can feel like a door slamming shut on everything you've been working toward — your career, your family, your future in the United States. But a denial is not always the final word.
If USCIS made a legal error or if new evidence has come to light, the I-290B Motion to Reopen or Reconsider may be the path that opens that door again.
You Received a Denial. Now What?
We understand how devastating it can be to receive a denial notice from U.S. Citizenship and Immigration Services (USCIS). You followed the rules. You gathered the documents. You waited — sometimes for months or even years. And then came the letter.
Before you give up on your immigration goals, know this: you may have options. The I-290B Motion to Reopen or Motion to Reconsider gives you a formal way to challenge a USCIS decision — and potentially have it reversed. Our experienced immigration attorneys are here to help you understand whether this is the right step for your situation, and to fight for the outcome you deserve.
What Is an I-290B Motion to Reopen or Reconsider?
Form I-290B is the official U.S. Citizenship and Immigration Services form used to file a Motion to Reopen or a Motion to Reconsider a prior USCIS decision. It is also used to file an appeal with the Administrative Appeals Office (AAO) for certain types of cases.
While the two motion types are related, they serve different purposes:
Motion to Reopen A Motion to Reopen asks USCIS to take another look at your case based on new facts, new evidence, or circumstances that were not originally part of your application. This is the right choice when something significant has changed — or when important evidence was not available the first time around.
Motion to Reconsider A Motion to Reconsider asks USCIS to review your case because you believe the agency made a legal error — meaning USCIS misapplied the law, misinterpreted a regulation, or failed to properly weigh the evidence already in your file. No new facts are needed; you are arguing that the decision was legally wrong based on what was already before them.
AAO Appeal In certain cases — particularly those involving employment-based petitions and certain other immigration categories — applicants have the right to appeal a USCIS denial to the Administrative Appeals Office (AAO), a separate reviewing body within the Department of Homeland Security.
Who Needs an I-290B?
Common Reasons People File an I-290B
USCIS denials happen for many reasons — and not all of them are final. Here are some of the most common situations where an I-290B Motion to Reopen or Reconsider may help:
1. USCIS Made a Legal or Factual Error Sometimes USCIS denies a petition simply because an officer misread the law, overlooked a regulation, or misunderstood a key piece of evidence. If you and your attorney can show that the denial was based on a legal mistake, a Motion to Reconsider puts that argument directly in front of the agency.
2. You Have New Evidence That Wasn't Available Before Maybe your financial situation changed. Maybe a new expert opinion has become available. Maybe you've received updated medical records, employment documentation, or other supporting evidence that wasn't included in your original application. A Motion to Reopen allows you to introduce this new material and ask USCIS to take a fresh look.
3. Your Immigrant Visa Petition (I-130 ) Was Denied Family-based and employment-based green card petitions are sometimes denied for technical reasons or due to a misunderstanding of eligibility requirements. If your I-130 petition for a family member was denied, the I-290B may be a critical next step to keep your case moving forward.
4. A Naturalization or Citizenship Application Was Denied Applying for U.S. citizenship is one of the most significant steps in an immigrant's life. If your N-400 Application for Naturalization was denied, you may be able to use the I-290B process to challenge that decision while you explore your options.
5. USCIS Failed to Consider All of Your Evidence Officers process thousands of applications. Sometimes evidence gets overlooked or is given far less weight than it deserves. If the denial notice shows that important documents or arguments were ignored, a motion gives you the opportunity to bring those materials to the forefront.
6. Your USCIS Decision Contains a Procedural Error If USCIS failed to follow its own procedural rules — for example, denying your case without giving you the opportunity to respond to concerns (an RFE or NOID) — you may have strong grounds for reopening the case based on a violation of due process or agency procedure.
7. The Law or USCIS Policy Changed After Your Denial Immigration policy evolves. If a court ruling, USCIS policy update, or new precedent decision changes the legal landscape after your case was denied, that development may support reopening your case under the updated legal standard.
DEADLINES AND URGENCY
Don't Wait — Strict Filing Deadlines Apply
Time is critical with I-290B motions. In most cases:
A Motion to Reopen or Reconsider must be filed within 30 days of the date of the unfavorable decision (or 33 days if the decision was mailed).
An AAO appeal must also generally be filed within 30 days of the denial.
Missing these deadlines can eliminate your ability to challenge the decision through this process. If you've recently received a denial from USCIS, contact our office immediately so we can review your case before the clock runs out.
WHY WORK WITH US
Experienced I-290B Attorneys in Your Corner
Filing an I-290B is not simply filling out a form — it requires a thorough legal brief explaining why USCIS was wrong, backed by authoritative legal citations and carefully organized evidence. Our immigration attorneys have helped individuals, families, and businesses successfully challenge USCIS denials across a wide range of case types, including:
Family-based green card petitions (I-130)
Adjustment of Status denials (I-485)
Naturalization denials
Other USCIS petition and application denials
We take the time to understand your unique situation, honestly assess the strength of your motion, and fight hard for the result you need.
Your Next Step Starts With a Conversation
A denial can feel isolating — but you don't have to face it alone. Our team is ready to review your denial notice, explain your options in plain language, and help you decide whether an I-290B motion is right for you.
Every immigration situation is unique. This page is for general informational purposes only and does not constitute legal advice. Please consult with a licensed immigration attorney regarding your specific circumstances.