Notice of Motion

If there has been a US visa denial then you would have to look at the Notice of Appeal or the Notice of Motion. This starts with the Form I-290B. We will explain this further below. Likewise you will also look at the Request for Evidence which is also explained on this website. To have your documents reopened or reconsidered, this is done by the U.S. Citizenship and Immigration Services (USCIS).

You will need to show that the denial was incorrect or unjust. Note that there is the Motion to Appeal as well as the Motion to Reopen and the Motion to Reconsider. We will also explain the requirements as well as the process with the filing of Form I-290B.

Here is a brief overview of the three processes.

Appeal

Note that when you file an appeal, then this is typically brought before the Administrative Appeals Office (AAO). They will then review the USCIS decision with the visa denial. The AAO has the task to view your documents and see if the original decision was correctly made. They will base this on the facts in the case. Lastly some appeals are also made to the Board of Immigration Appeals (BIA).

Motion to Reopen:

Likewise there is also the Motion to Reopen. This request is where you are asking the original decision-maker (USCIS officer) to reexamine the case. This could be where the case was denied and close as there was no response to an RFE (Request for Evidence). This is on the bases of new facts or evidence. This would not have been available originally. This is important only where the new evidence will change the original decision.

Motion to Reconsider:

The last option is the Motion to Reconsider. This motion is where you ask the USCIS officer to review their decision. This will need to be based on the argument that the decision was incorrect. There are two options with this. The law was misapplied or there was an error in interpreting the facts of the case. This motion is filed when you believe the decision was made in error based on the evidence originally provided and not new evidence.

This form is there to file for certain types of visa applications. These are the types:

– Family-based petitions (K-1 fiancé visa, K-3 spouse visa, CR1 spouse and IR1 spouse visas)

– Employment-based petitions

– Applications for temporary visas

– Certain waivers of inadmissibility

Firstly you will note that you cannot always appeal a visa denial. The visa denial will tell you if you are able to file the appeal. They will also tell you on the denial why it has been denied.

What Is Needed to File Form I-290B

This is the basic overview of the appeal process when you use the Form I-290B. Collect all the documents that are needed for your motion. Firstly you will need to complete the form and provide all the information again as requested on the form. These will include all the basic information again such as your details. Secondly you will need to include the USCIS office or the person which made the decision to deny the visa. Thirdly you will also need to provide the date of the decision which includes the date the denial was made. This will be from the denial letter.

Likewise you will need to indicate what this is. Is this you filing an appeal, motion to reopen or a motion to reconsider. You should only choose one of the three options. Lastly you will also need to explain why you are appealing or filing a motion. Again, you will need to explain your reasons and provide the supporting facts as well as show the errors in the initial decision.

Filing Fee

In 2023, the filing fee for Form I-290B was $675. Much like other government fees, the fees must be included with your submission unless you have a fee waiver. This however that would need filing of the Form I-912, Request for Fee Waiver, along with Form I-290B.

Supporting Evidence

You will need to send your supporting documents when you file the Form I-290B. This will depend on what you are filing. This could be filing an appeal, motion to reopen, or motion to reconsider. Some common types of evidence include:

New Documentation:

You are going to need to provide all the new documentation that you have not provided before. These can be updated information such as financial records which could be the issue or additional information to show that this is a bona fide relationship. The evidence will be around the reason why the visa was denied. Those are the two most common issues.

Legal Arguments:

With filing a motion you will need to provide a written argument. This argument has to clearly explain why the original decision was legally or factually incorrect. You will need to speak to an immigration lawyer as it will need to be explained while citing immigration law or USCIS policy.

Additional Forms:

There may be a need for additional forms. Much like explained above the issue may be financial and you might need to provide the Form I-864 (Affidavit of Support) again, if this financial insufficiency was the reason for denial. Lastly also any updated evidence of the relationship between the petitioner and the beneficiary.

Deadline for Filing

You will note that timing is critical when filing Form I-290B

• Filling an Appeal:

If you are going to file an appeal then you typically have to ensure that this is filed within 30 days of receiving the denial decision. Likewise should the decision be mailed to you, in that case typically you will have 33 days to file you appeal.

• Filing a Motion to Reopen or Reconsider:

The Motion to Reopen or the Motion to Reconsider will need to be filed within 30 days of the denial decision. Lastly there could however also be a different date as the decision notice could specify a different deadline.

Review the Denial Notice

When a visa has been denied they will explain on what bases this has been denied. They will also inform you if you have the right to appeal or file a motion. You will need to read this carefully and contact an immigration lawyer as any further mistakes will be a waste of the motion or appeal. Note again that as explained above there is a timeline in which this has to be completed.

Prepare Supporting Documents

Read the denial letter and see what the issue was for the denial. If there was not enough financial information then certain forms have to be updated and submitted again. You will need to consider what is needed. Sometimes it can also the missing information such as the document translator not having their contact details and credentials noted on the translated documents. Gather what is needed and file your motion or appeal.

You will need to complete the form.

You will need to ensure that you complete the documents correctly. Likewise where it says “Reason for Filing” you will need to provide your explanation there. Additionally you will make a detailed explanation in that section. Likewise explaining why you consider the denial to be incorrect. Lastly you will note that you can add additional pages to the document for explanation.

Submit the Form

When completed with all the new documentation or updated information. You will then submit Form I-290B, along with the filing fee and supporting documents. This will again go to the USCIS office which was specified in the form’s instructions. Like everything else you will need to ensure that you keep copies of everything you submitted for your own records.

Await a Decision

Now, once the documents have been submitted. You will need to wait for it to be reviewed and a determination made on it. The appeal or motion that was now filed with the USCIS does take a while. Note that the processing times vary depending on the type of filing (appeal or motion) and the complexity of the case.

Appeal Processing Time: When it comes to an appeal. These typically take 6 months or more for a decision from the AAO. Likewise this will depend on the complexity of you case.

Motion Processing Time: Motions to reopen or reconsider. These motions can take about 3 to 6 months. The timeline however is also based on the difficulty of the case as well the the workload at the USCIS.

Once you have submitted the Form I-290B. Much like a visa application they will send you a receipt for the documents. This notice confirms that USCIS has received your appeal or motion. USCIS will then review your case and make a decision. The outcome of this can be:

Approval of the Appeal or Motion:

Should the USCIS or the AAO agree with your appeal or motion. They will then have your case reopened or reconsidered. The favorable decision will then be issued.

Denial of the Appeal or Motion:

Likewise If the appeal or motion is denied. Then you will note that the original decision will stand. Additionally at this point, depending on the circumstances. You will need to consider additional options. You can either reapply or pursue the matter through the courts.

Check your documents:

You will need to ensure that you fully understand the reasons for the denial. Likewise you will need to then address each point in your appeal or motion process.

Submit Strong Evidence:

Likewise you will need to provide compelling new evidence. This is especially for the motion to reopen. Likewise you will also need to have strong legal arguments for motions to reconsider. This has to make a compelling argument to have the denial.

Consider Legal Help:

Ensure that you have legal help in the form of an immigration lawyer. The process is complex as you will need to make a completing legal argument where needed.

Conclusion

The Form I-290B is an option to those who believe that the USCIS made an incorrect decision on their immigration case. Whether filing an appeal, motion to reopen, or motion to reconsider. Likewise it is important to carefully follow all steps, provide necessary evidence. In addition meet the filing deadlines as was explained above. Likewise those who have a K1 visa application and the K2 visa. There may also be child custody issues with the K2 visa.