Facing an unfavorable decision in your immigration case can be disheartening, but the I-290B form offers a pathway to appeal and potentially overturn decisions made by U.S. Citizenship and Immigration Services (USCIS). Understanding the intricacies of this appeal process is crucial. Let’s delve into a comprehensive guide on filing an appeal using the I-290B form in immigration cases.
What is the I-290B Form?
The I-290B form, officially known as the Notice of Appeal or Motion, is used to challenge USCIS decisions made on various immigration applications, petitions, or requests. It allows applicants to seek review or reconsideration of a denial, revocation, or rejection of an immigration benefit.
Situations Requiring an I-290B Appeal
Denials or Rejections
If your application, petition, or request submitted to USCIS is denied, rejected, or revoked, you may file an appeal using the I-290B form.
Motion to Reopen or Reconsider
Individuals who believe their case warrants a review due to new evidence or legal arguments not previously considered may file a motion to reopen or reconsider using the I-290B.
Can I File the I-290B Form on my own?
Individuals are legally allowed to appeal a green card application denial without legal representation. When the USCIS issues a decision notice, they provide instructions on how to initiate the appeal process.
It is generally advised against attempting to handle the appeal independently. Immigration attorneys, possessing expertise in cases of this nature and the relevant laws, discourage individuals from pursuing appeals on their own. Doing so can be risky, as there is a potential to encounter the same issues that led to the initial denial. Mistakes in form completion may lead to rejection or denial, and determining the correct location to submit the appeal can also pose a challenge, as the address may vary in different cases.
Steps to File an Appeal with the I-290B Form
1. Review the Decision
Thoroughly examine the USCIS decision letter to understand the grounds for denial or rejection, the deadline for filing an appeal, and the appropriate appealable decisions.
2. Complete the I-290B Form
Fill out the I-290B form accurately, providing detailed explanations and supporting documentation. Clearly state the reasons for the appeal or motion to reopen or reconsider.
3. Include Supporting Evidence
Attach any additional evidence or documentation that strengthens your case or addresses the reasons for the initial denial or rejection.
4. Fulfill Financial Obligations
Ensure the appropriate filing fee is submitted with the I-290B form, as failure to pay may result in the rejection of the appeal.
5. Submit the Form to USCIS
Mail the completed I-290B form, along with all required documentation and the filing fee, to the appropriate USCIS office within the specified timeframe mentioned in the denial or rejection notice.
What to Expect After Filing
Upon submission of the I-290B form, USCIS will review the appeal or motion and make a decision. The processing time can vary, and additional information or interviews may be requested.
Once your filed appeal is received by USCIS, it takes (on average) 60 to 90 days to receive a response or decision.
Seeking Legal Assistance
Given the intricacies of appeals, seeking counsel from seasoned immigration attorneys is invaluable. Legal guidance enhances the appeal’s efficacy and navigates complexities within the appeals process.
Get Help with I-290B Form
Filing an appeal using the I-290B form offers a chance to challenge USCIS decisions and seek reconsideration or reversal. Understanding the process, adhering to deadlines, providing compelling evidence, and seeking legal support can significantly impact the success of your appeal.
At Rebecca Black Immigration, PA, our seasoned professionals specialize in handling immigration appeals and motions, offering personalized guidance and representation throughout the process. Contact us for expert assistance in navigating the I-290B appeals process and protecting your immigration rights.