Receiving a denial on your immigration application can feel devastating, especially when you’ve invested time, resources, and hope into the process. However, a denial doesn’t always mean the end of the road. If you’ve received a denial or unfavorable decision from U.S. Citizenship and Immigration Services (USCIS), you may still have options to challenge that decision using Form I-290B, Notice of Appeal or Motion.
Our immigration law firm is here to help you understand your options for filing an appeal or motion and guide you through the complex process of reopening or reconsidering your case. With our extensive experience in immigration law, we are well-equipped to handle the nuances of Form I-290B filings and will work diligently to give your case the best possible chance of success.
What is Form I-290B?
Form I-290B is used to either appeal an unfavorable USCIS decision or to file a motion to reopen or reconsider the case. Depending on the circumstances of your case, Form I-290B can be used for one of the following purposes:
- Appeal: If you believe that USCIS made an error in denying your application or petition, you can file an appeal. This appeal is reviewed by the Administrative Appeals Office (AAO), which will determine whether the original decision should be overturned.
- Motion to Reopen: A motion to reopen is filed when new evidence or information has become available that was not considered in the original decision. This allows USCIS to reassess the case based on new evidence.
- Motion to Reconsider: A motion to reconsider is based on a claim that USCIS made an error in applying the law to your case. In this case, no new evidence is presented, but rather an argument is made that the original decision was incorrect based on the existing facts and legal standards.
Who Can Use Form I-290B?
You may use Form I-290B if you received an unfavorable decision on certain immigration petitions or applications, such as:
- Family-based petitions (I-130)
- Employment-based petitions (I-140)
- Adjustment of Status (I-485)
- Applications for waivers of inadmissibility (I-601 or I-601A)
- Applications for temporary protected status (TPS)
Not every denial or decision can be appealed, so it’s important to review the decision notice carefully to determine whether an appeal, motion to reopen, or motion to reconsider is appropriate in your case.
How We Can Help You with Form I-290B
Filing Form I-290B and successfully overturning a denial requires expert knowledge of immigration law, detailed legal analysis, and often a strong legal argument supported by evidence. Here’s how our immigration law firm can help you through the I-290B process:
1. Case Review and Analysis of Denial
The first step is to carefully review the denial notice from USCIS and analyze the reasons for the denial. We will thoroughly assess your case to determine whether filing an appeal, motion to reopen, or motion to reconsider is the best option for you. This involves reviewing the original application, USCIS’s decision, and the evidence submitted to determine the most effective strategy.
2. Developing a Strong Legal Strategy
Once we have assessed your case, we will develop a legal strategy tailored to your unique circumstances. Whether we are filing an appeal or a motion, our goal is to present the strongest argument possible by addressing USCIS’s concerns, pointing out legal errors, or presenting new evidence that supports your eligibility.
For appeals, we will craft a legal brief that explains why the original decision was incorrect and why it should be overturned by the AAO. For motions to reopen, we will work with you to gather any new evidence that was not previously considered by USCIS. For motions to reconsider, we will provide a detailed analysis of how the law was misapplied to your case.
3. Comprehensive Evidence Gathering
If you are filing a motion to reopen, new evidence is crucial to your case. We will help you gather and present the additional documents or evidence needed to support your petition or application. This could include:
- Updated financial documents
- New affidavits from witnesses
- Medical records
- Additional documentation that proves your eligibility
For appeals and motions to reconsider, we will focus on identifying any legal errors made by USCIS and present a clear, legally sound argument based on the existing facts.
4. Filing and Following Up with USCIS
We will ensure that Form I-290B is properly completed, supported by all necessary documentation, and filed within the required timeframe. USCIS or the AAO has strict deadlines for filing appeals and motions, so we will work quickly to ensure that your case is submitted in a timely manner.
Once your Form I-290B is filed, we will monitor the status of your case and provide regular updates as it progresses. If any additional information or responses are required, we will handle all communication with USCIS on your behalf.
5. Ongoing Legal Support
Throughout the process, we will be by your side to answer any questions, provide advice, and keep you informed about the status of your case. We understand that waiting for a decision on an appeal or motion can be stressful, and we are committed to providing you with the support and information you need during this time.
Why Choose Us?
Our immigration law firm has extensive experience handling I-290B cases, and we understand how critical it is to get your case reviewed and reconsidered. We are dedicated to helping you navigate the complexities of the appeal and motion process with confidence and clarity.
Here’s why you should trust us with your Form I-290B case:
- Expert Knowledge of Immigration Law
We have in-depth knowledge of USCIS procedures and immigration law, allowing us to identify the best legal arguments and strategies for appealing or reopening your case. - Proven Track Record in Appeals and Motions
We have successfully represented numerous clients in filing appeals and motions with USCIS and the AAO. Our firm knows what it takes to build a strong case and present it in a way that maximizes the chances of success. - Personalized Legal Service
Every case is unique, and we take the time to understand the details of your situation and develop a tailored legal strategy. We work closely with our clients to ensure they feel supported throughout the process. - Timely and Efficient Process
Filing an appeal or motion must be done within strict deadlines, and we prioritize efficiency and accuracy to ensure your case is filed on time and in the best possible manner.
Schedule a Consultation Today
If you have received a denial or unfavorable decision from USCIS, don’t give up hope. Filing Form I-290B may provide an opportunity to challenge that decision and move forward with your immigration journey.
Contact us today to schedule a consultation with our experienced immigration attorneys. We will assess your case, explain your options, and help you take the next steps toward resolving your immigration issue. Let us handle the complexities of your appeal or motion while you focus on what’s next for you and your family.
