Form I-290B: Processing Times, Deadlines, and Filing Fee

Most Form I-290B cases are decided within about six months. When you file an appeal, the USCIS office that issued the denial first has 45 days to review it; if it doesn’t reverse course, the case is forwarded to the Administrative Appeals Office (AAO), which aims to decide within 180 days of receiving a complete record. Motions to reopen or reconsider filed with USCIS also run about six months. Complex cases can take a year or more. You must file within 30 days of the decision (33 days if it was mailed), and the current filing fee is $800.

 

What Is an I-290B Form?

Form I-290B is used to make an appeal to the AAO or file a motion to reconsider or reopen to USCIS. When you file a motion to reopen or reconsider, you are submitting it to the USCIS office that issued the decision in your case. Additionally, the I-290B form can be used to make an appeal if an Immigration and Custom Enforcement (ICE) Form I-17 is denied. A motion to reconsider and a motion to reopen are often spoken about interchangeably, but they are very different legal processes. When sending in your Form I-290B, you must specify which motion you pursue and be prepared to present your case. 

How Long Does Form I-290B Take?

Processing happens in two stages, and the total time depends on which one resolves your case. First, the USCIS office that denied your case reviews the appeal itself. It has 45 days to decide whether to reverse course based on what you filed. Some cases end here when the filing adds a strong new argument or new evidence. If that office does not change its decision, it forwards an appeal to the Administrative Appeals Office (AAO). The AAO’s goal is to issue a decision within 180 days — about six months — of receiving a complete record.

Motions work differently. A motion to reopen or reconsider stays with the USCIS office that made the original decision, and those also tend to take around six months. Two things stretch the timeline: case complexity and the completeness of your record. A petition with a large evidentiary file, such as an EB-5 or I-140 denial, can take a year or more because every document is reviewed again from the start. Missing documents or a thin legal argument can also send the case back for additional review.

I-290B Filing Deadlines: How Much Time You Actually Have

The deadline depends on how USCIS delivered your decision and what kind of decision it was.

• Appeal or motion on a denial: 30 days from the decision date — 33 days if the decision was mailed to you.
• Revocation on notice: 15 days from the decision — 18 days if mailed.

These windows count calendar days, including weekends and holidays. The date printed on your decision notice starts the clock, not the day you opened the envelope. Check that notice for filing instructions, and confirm the current fee and where to file on USCIS’s official Form I-290B page before you submit, since both can change. Missing the appeal deadline does not always end things. USCIS can treat a late appeal as a motion to reopen or reconsider if it otherwise meets the requirements for one. That is a narrower path, so filing on time protects every option.

The I-290B Filing Fee — and When It’s Waived

The current filing fee for Form I-290B is $800. The amount is the same whether your case has one beneficiary or several.

Some filers owe nothing. There is no fee for certain Special Immigrant Juvenile filings, for T nonimmigrant cases, or for a conditional resident who appeals a denied Form I-751 based on battery or extreme cruelty. If the fee would be a genuine hardship, you can request a fee waiver with Form I-912.

Pay close attention to the amount. Submitting the wrong fee is one of the most common reasons a filing is rejected, and a rejection after your deadline has passed can end the case.

Appeal or Motion — Which One Fits Your Denial

Form I-290B covers three different requests, and choosing the wrong one wastes time you may not have.

• An appeal asks a higher authority — the AAO — to review the decision because you believe it was wrong on the law or the facts.
• A motion to reopen asks the original office to look again because there are new facts and new evidence that were not available before.
• A motion to reconsider argues the office applied the law or policy incorrectly, using the evidence already in the record.

The right choice depends on why you were denied. If the decision misread the law, a motion to reconsider or an immigration appeal may fit. If you have genuinely new evidence, a motion to reopen is usually the path. An immigration attorney can read the denial notice and match the filing to the actual basis for the decision — the single factor that most affects whether it succeeds.

When Form I-290B Is Not the Right Filing

Some denials go somewhere else entirely, and sending an I-290B for them only burns time you cannot get back.

• Decisions the Board of Immigration Appeals (BIA) handles — including most matters tied to removal proceedings — are not filed on Form I-290B.
• If you are the beneficiary of a petition rather than the petitioner, you usually cannot appeal a denial unless the law specifically allows it.
• Denials of certain agricultural worker or legalization applications, and visa denials by consular officers abroad, fall outside Form I-290B.
• A Request for Evidence or a Notice of Intent to Deny is not a final decision, so there is nothing to appeal yet — you respond to it instead.

When an appeal or motion is not available, other options may be, depending on your history — including federal court litigation.

I-290B Processing Time

You must file Form I-290B within 30 days of receiving the unfavorable decision. Whether you are appealing or making a motion, your form must be submitted in 30 calendar days including weekends and holidays.

If you were issued a revocation on notice, you must file your Form I-290B 15 days after receiving the decision. Having an immigration attorney on your team can greatly benefit you, especially since appeals and motions are extremely complicated and must be completed in a timely manner. AAO usually takes about six months to two years to process your appeal. However, the processing time could be extended depending on the amount of backlog and the complexity of your case.

USCIS may respond in six months to your motion to reconsider or reopen. Similar to the appeals process, a USCIS response may take longer if they have a backlog of motions or if your case is complex. 

Form I-290b Filing Fee

A notice of appeal has a nonrefundable filing fee of $675. You can submit your form as either:

• Money order
• Personal check made out to the U.S. Department of Homeland Security
• Cashier’s check made out to the U.S. Department of Homeland Security
• Credit card by using Form G-1450

Contact an Experienced Immigration Attorney Today

If USCIS issues an unfavorable response to an application or petition, you may be able to file a motion or appeal the decision. Filing Form I-290B requires dealing with the AAO or USCIS, which can be intimidating and challenging. Without knowledge of the legal system, you risk having your I-290B denied. However, with an experienced attorney by your side, the motions or appeals process becomes more attainable.

Our team of immigration attorneys at Scott D. Pollock & Associates can help build a strong case in your defense. File your appeal or motion with legal backing from an experienced team. Call us at 312.444.1940 or fill out an online contact form today. We look forward to hearing from you to help you move forward on your path to the United States.

Frequently Asked Questions About Form I-290B

How long does an I-290B appeal take?

Most appeals are decided within about six months. The USCIS office that issued the denial has 45 days to reconsider first; if it does not reverse the decision, the AAO aims to decide within 180 days of receiving the full record. Complex cases — large employment or investor petitions, for example — can take a year or more.

How much is the I-290B filing fee?

The current fee is $800, and it is the same whether the case has one or multiple beneficiaries. Certain Special Immigrant Juvenile, T nonimmigrant, and VAWA-based filings are exempt, and a fee waiver may be available through Form I-912 if paying would be a hardship.

What are the chances an I-290B is approved?

There is no single approval rate. The outcome depends heavily on the type of case, what the filing is actually asking USCIS to do, and how well the legal argument and evidence are prepared. Motions that simply repeat the original submission rarely succeed; filings that add genuinely new evidence or identify a clear legal error stand a far better chance.

Can I file Form I-290B after the deadline?

The deadline is firm, and USCIS will not extend it. A late appeal can sometimes be treated as a motion to reopen or reconsider if it meets those requirements, but that is a narrower path with no guarantee. Filing within 30 days of the decision (33 if it was mailed) protects every option.

Do I need a lawyer to file an I-290B?

You can file on your own, but the basis you state and the brief you submit carry the whole case, and you get only one timely filing. An immigration attorney reviews the denial notice, identifies whether an appeal or motion fits, and builds the argument the record supports — the factor that most affects the result.

If USCIS has denied your case, the deadline is already running. Call Scott D. Pollock & Associates at (312) 444-1940 or request a consultation today — we represent clients nationwide and can review your denial notice before your I-290B deadline passes.