Introduction

If you’re navigating U.S. immigration and dealing with an adverse decision from USCIS or an immigration court, understanding i‑290b is essential. The i‑290b form — also known as the Notice of Appeal or Motion — gives you a chance to challenge a denial or unfavorable decision. This blog will walk you through everything you need to know about i‑290b, including critical facts, timelines, common errors, and expert tips that can make or break your case.

At Syed Professional Services, we help clients with tax, accounting, and immigration services — and we’ve seen firsthand how misunderstandings around i‑290b can cost applicants valuable opportunities. This guide is designed to give you clarity and confidence so you can avoid mistakes and move forward with the strongest possible submission.

Understanding What I‑290B Is

The i‑290b petition is the official form used to file an appeal, motion to reopen, or motion to reconsider a decision made by U.S. Citizenship and Immigration Services (USCIS). If USCIS denies a petition or application, i‑290b is your legal mechanism to seek review or correction of that decision.

The form itself may look straightforward, but the strategy behind an i‑290b submission is complex. You’re not just filling out a piece of paper — you are presenting a legal argument supported by facts, evidence, and references to laws and policies. Because the stakes are high, mistakes can be costly.

A strong i‑290b filing can reinstate your case, reverse a denial, or prompt USCIS to take another look. Conversely, a poorly prepared i‑290b can result in denial after denial with no recourse.

1. When Should You File I‑290B?

Knowing when to file i‑290b is crucial. Once USCIS issues a decision, a clock starts ticking — and if you miss the deadline, you may lose your right to appeal or reopen your case.

For most USCIS decisions, you have 30 days from the date of the decision to file i‑290b. If the decision was mailed to you, USCIS may give you 33 days (to account for mailing time). This timeline is strict, and extensions are almost never granted. Missing the deadline means your i‑290b will be rejected without review.

At Syed Professional Services, we help clients calendar these deadlines and prepare the i‑290b package well ahead of time so there’s no risk of an untimely filing.

2. Types of Requests Within I‑290B

There are three main reasons you may file an i‑290b:

a. Appeal

You can appeal a decision to the Administrative Appeals Office (AAO). This is usually used when you believe USCIS incorrectly applied the law or policy.

b. Motion to Reopen

A motion to reopen is based on new facts or evidence that was not available at the time of the original decision. For example, new documents or corrected submissions can justify reopening your case.

c. Motion to Reconsider

A motion to reconsider argues that USCIS made an error in applying policy or law, even with the original evidence. This is not about new facts — it’s about correcting legal interpretation.

Understanding which path — appeal, motion to reopen, or motion to reconsider — fits your situation is essential to a successful i‑290b.

3. Key Components of a Strong I‑290B Filing

A successful i‑290b is more than just ticking boxes. Here’s what strong filings include:

✔ Statement of Legal Grounds

You must explain why the original decision was incorrect. This section often requires legal citations or references to regulatory guidance.

✔ Supporting Evidence

Attach documents that back up your grounds for appeal or motion. Evidence could include corrected forms, new proof of eligibility, updated financial documents, or expert letters.

✔ Clear and Concise Argument

Your argument should be organized, logical, and easy for officers at USCIS or AAO to follow. Avoid emotional language — focus on facts and legal reasoning.

✔ Professional Presentation

Proper formatting, numbered pages, and a table of contents help reviewers quickly locate your arguments.

Because i‑290b forms are evaluated on legal merit and compliance, sloppy or incomplete submissions significantly increase the chances of denial.

4. Common Mistakes to Avoid With I‑290B

Even though i‑290b seems simple, many applicants make avoidable errors:

❌ Filing Too Late

Late filings are rejected automatically.

❌ Poorly Written Arguments

Generic statements like “I deserve approval” aren’t legal arguments.

❌ Not Supporting Evidence

If you claim something but don’t attach proof, USCIS won’t assume it’s true.

❌ Confusing the Purpose

Filing a motion to reopen when your case needs a motion to reconsider will lead to denial.

❌ Failing to Follow Instructions

USCIS rejects applications missing fees, signatures, or proper forms — even if your case is compelling.

At Syed Professional Services, we review i‑290b drafts for accuracy and compliance so clients avoid these mistakes.

5. How Long Does I‑290B Take?

Processing times for i‑290b vary depending on the type of motion or appeal. On average:

📌 Motions to Reopen or Reconsider may take several months, sometimes longer.
📌 Appeals to the AAO often take even longer — sometimes a year or more.

Processing time also depends on the complexity of your case, the service center handling it, and current USCIS workloads. Delays are common.

Even after filing i‑290b, you must monitor your case status regularly and respond quickly if USCIS requests further evidence.

6. Fees and Filing Instructions

Filing an i‑290b requires a fee. USCIS updates fees periodically, so always check the current fee on the official USCIS website before submitting. Filing without the correct fee will result in rejection.

Payments must be made via accepted methods (check, money order, or credit card using Form G‑1450). Ensure all forms are signed and dated.

At Syed Professional Services, we always confirm fee amounts and payment methods before submission, reducing the risk of rejection due to fee errors.

7. When to Get Professional Help

Because i‑290b submissions are critical legal documents, working with an experienced immigration professional can significantly improve your chances of success.

Some situations where professional help is especially valuable include:

✅ Complex legal issues or case histories
✅ Multiple prior denials
✅ Evidence that contradicts the original record
✅ Ambiguous or conflicting documentation

Immigration laws and policies change frequently. A professional can identify not just what to file, but how to file it in a way that aligns with legal precedent and policy.

Expert Tips to Strengthen Your I‑290B

Here are additional expert tips to get the most out of your i‑290b:

Be Strategic

Refocus your strongest legal and factual points at the beginning of your brief.

Organize Your Evidence

Use tabs, indexes, and clear labels.

Mind the Deadline

File early — don’t wait until the last minute.

Edit Carefully

Grammar and clarity matter — decision makers are human.

Know the Regulations

Cite current law, policy memoranda, or AAO decisions that support your position.

Respond Promptly

If USCIS issues a request for evidence (RFE), reply quickly and thoroughly.

By using these strategies, you increase your chances of getting a favorable outcome on your i‑290b.

Real Client Example (Hypothetical)

Maria’s H‑1B petition was denied due to a clerical error. The denial letter referenced a missing document that was included with the original application — USCIS simply misread the submission.

Maria filed an i‑290b with:

✔ A point‑by‑point rebuttal
✔ Copies of the evidence improperly evaluated
✔ A legal argument explaining the error based on policy

USCIS reversed its decision and approved Maria’s petition. This is exactly the kind of outcome a properly prepared i‑290b can deliver.

Conclusion

Understanding the i‑290b process can be the difference between success and ongoing legal frustration. From deadlines to legal strategies, every detail matters. While the form itself seems simple, the legal reasoning behind a winning i‑290b submission requires precision, understanding, and experience.

At Syed Professional Services, we specialize in guiding clients through complex immigration issues — including i290b filings. Whether you need help identifying the strongest legal basis or organizing your evidence, professional support can vastly improve your chances.

FAQs About I290B

What is the purpose of an i‑290b?
The i290b is used to file an appeal or motion to reopen/reconsider a USCIS decision.

How soon must I file an i290b?
Typically within 30 days of the decision date — sometimes 33 days if mailed.

Does filing an i290b delay deportation?
Not automatically. Other legal steps may be required to stay immigration proceedings.

Can I file multiple i290b motions?
You can, but each must present new or compelling legal issues.

Is there a fee for i290b?
Yes — USCIS charges a fee, and incorrect payment can cause rejection.

Will USCIS refund my fee if the i290b is denied?
No — fees are non‑refundable even if the motion is denied.

If you’d like help preparing i-290b paperwork or want a free consultation, contact us at Syed Professional Services — we’re here to help you succeed.