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Form I-290B, Notice of Appeal or Motion, page 1
Moderate · 60/100Form Complexity Index

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What this form asks for

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Form I-290B, Notice of Appeal or Motion, is used to appeal or file a motion regarding unfavorable decisions made by the USCIS on immigration benefit requests. It is important for ensuring that applicants have the opportunity to contest decisions they believe are incorrect.
Fillable fields85
Pages5
Sections28
Tables and lists1
Questions that depend on earlier answers9
Form Complexity IndexModerate, 60/100

The AI checks your answers before you download

15 checks built for this form, so a wrong date or a missing answer is caught before anyone else sees it.

Verifies that the form is completed using black ink, as required by the general instructions.

This validation check ensures that the form is filled out using black ink, which is a requirement specified in the general instructions. It confirms that any other ink colors are not used, as this could lead to processing issues. By enforcing this rule, the software helps maintain the integrity and readability of the submitted form. This check is crucial for ensuring compliance with submission standards.

Ensures that all information provided is complete and accurate to prevent dismissal or rejection of the appeal or motion.

This validation check verifies that all sections of the form are filled out completely and accurately. It confirms that missing or incorrect information could lead to the dismissal or rejection of the appeal or motion. By ensuring thoroughness in the provided information, the software helps applicants avoid unnecessary delays or complications in their case. This check is vital for the successful processing of the appeal or motion.

Confirms that if the applicant is an attorney or accredited representative, the relevant sections are filled out accordingly.

This validation check ensures that if the applicant is an attorney or an accredited representative, the appropriate sections of the form are completed. It verifies that the specific information required for legal representatives is accurately provided. By enforcing this requirement, the software helps to ensure that the appeal or motion is properly represented and processed. This check is essential for maintaining the professional standards expected in legal submissions.

Checks that if filing on behalf of a business or organization, Part 1 is skipped and Part 2 is completed.

This validation check verifies that when the form is being filed on behalf of a business or organization, Part 1 is appropriately skipped and Part 2 is filled out. It confirms that the applicant understands the specific requirements for organizational filings, which differ from individual submissions. By ensuring compliance with this guideline, the software helps to streamline the processing of the appeal or motion. This check is important for ensuring that the form is completed correctly based on the applicant's status.

Validates that the applicant's family name, given name, and middle name are accurately filled in Part 1.

This validation check ensures that the applicant's family name, given name, and middle name are accurately entered in Part 1 of the form. It confirms that any discrepancies in the names could lead to identification issues during processing. By validating this information, the software helps to ensure that the applicant is correctly identified in the system. This check is crucial for maintaining accurate records and facilitating effective communication regarding the appeal or motion.

Ensures that the mailing address, including street number, city, state, ZIP code, and country, is complete and accurate.

This validation check ensures that the mailing address provided on Form I-290B is complete and accurate. It verifies that all necessary components, such as the street number, city, state, ZIP code, and country, are included. By confirming the accuracy of the mailing address, it helps prevent any delays in communication or processing. This check is crucial for ensuring that the applicant receives all relevant correspondence regarding their appeal or motion.

And 9 more checks
  • Confirms that if applicable, the alternate address is provided in the mailing address section.
  • Verifies that the attorney's state bar number and USCIS online account number are included if the applicant has an attorney.
  • Checks that the box is marked if Form G-28 is attached.
  • Ensures that the Alien Registration Number (A-Number) and USCIS online account number are provided if applicable.
  • Validates that the type of motion or appeal is clearly indicated in Part 2
  • Confirms that the immigration form number, requested classification, and receipt number are accurately provided in Part 2
  • Ensures that the date of the unfavorable decision is included in Part 2
  • Verifies that a clear statement regarding the basis for the appeal or motion is provided in Part 3
  • Checks that the applicant's daytime telephone number, mobile number, and email address are included in Part 4

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Common Mistakes in Completing Form I-290B

The ones the AI is built to catch.

Using ink colors other than black
Using ink colors other than black can lead to issues with legibility and processing of the form. It is essential to use black ink to ensure that all information is clear and can be easily read by the reviewing officials. To avoid this mistake, always check the form instructions for specific requirements regarding ink color before filling out the form. Keeping a black pen handy can help ensure compliance with this requirement.
Incomplete or inaccurate personal information
Providing incomplete or inaccurate personal information can result in delays or denials of your appeal or motion. It is crucial to double-check all entries for accuracy, including names, addresses, and other identifying information. To prevent this mistake, take your time to fill out the form carefully and consider having someone else review it for errors. Additionally, refer to any official documents to ensure that the information matches exactly.
Failing to check the box for Form G-28 if applicable
Neglecting to check the box for Form G-28, which designates an attorney or accredited representative, can lead to complications in communication regarding your case. If you are represented, it is vital to indicate this on the form to ensure that your representative receives all necessary information. To avoid this mistake, confirm whether you have legal representation and ensure that the appropriate box is checked before submitting the form. Reviewing the form instructions can also provide clarity on this requirement.
Not providing the Alien Registration Number (A-Number)
Failing to provide the Alien Registration Number (A-Number) can hinder the processing of your appeal or motion, as this number is crucial for identifying your case. It is important to include this number if you have one, as it helps streamline the review process. To avoid this mistake, locate your A-Number on previous immigration documents and ensure it is accurately entered on the form. If you do not have an A-Number, make sure to indicate that clearly on the form.
Indicating both appeal and motion on the same form
Indicating both an appeal and a motion on the same form can create confusion and may lead to the rejection of your submission. Each process has its own requirements and should be submitted separately to ensure proper handling. To avoid this mistake, carefully read the instructions for each process and determine which one applies to your situation. If you need to pursue both, prepare and submit separate forms for each to maintain clarity.
Omitting the immigration form number related to the appeal
Failing to include the specific immigration form number associated with the appeal can lead to delays or rejections of the application. It is crucial to ensure that the correct form number is referenced to facilitate proper processing. To avoid this mistake, double-check the form number on the original decision notice and ensure it is accurately transcribed on Form I-290B. Keeping a checklist of required information can also help ensure nothing is overlooked.
Not including the date of the unfavorable decision
Neglecting to provide the date of the unfavorable decision can create confusion regarding the timeline of the appeal. This date is essential for determining the validity of the appeal and ensuring it is filed within the appropriate timeframe. To prevent this error, always refer back to the original decision notice and clearly note the date on the appeal form. Maintaining organized records of all correspondence can assist in accurately capturing this information.
Failing to provide a clear basis for the appeal or motion
A vague or unclear basis for the appeal can result in the rejection of the motion, as it does not provide the necessary context for the reviewing authority. It is important to articulate specific reasons for the appeal, supported by relevant facts and evidence. To avoid this mistake, take the time to outline the grounds for the appeal clearly and concisely, ensuring that all arguments are well-supported. Seeking assistance from legal counsel can also enhance the clarity and strength of the appeal.
Not signing and dating the form
Failure to sign and date the form can render the appeal invalid, as it indicates that the applicant has not formally submitted the request. This oversight can easily be avoided by making it a habit to review the form for signatures and dates before submission. To ensure compliance, consider creating a checklist that includes a reminder to sign and date the form. Additionally, having a trusted individual review the completed form can help catch this common oversight.
Omitting contact information for the interpreter if applicable
Not providing contact information for an interpreter when necessary can hinder communication and understanding during the appeal process. This information is vital for ensuring that all parties can effectively engage in the proceedings. To avoid this mistake, assess whether an interpreter is needed and, if so, include their contact details clearly on the form. Keeping a list of all relevant contacts can streamline this process and ensure that no critical information is missed.
Not certifying the accuracy of the information provided
Failing to certify the accuracy of the information can lead to delays or denials of your appeal or motion. It is crucial to ensure that all information is truthful and complete before signing the form. To avoid this mistake, take the time to review each section of the form carefully and confirm that all details are correct. Additionally, consider having someone else review the form to catch any errors you might have overlooked.
Neglecting to review the form for completeness before submission
Submitting an incomplete form can result in processing delays or rejection of your appeal. It is essential to thoroughly check that all required fields are filled out and that no sections are left blank. To prevent this issue, create a checklist of all required information and documents before submission. Taking a moment to double-check your work can save you time and frustration in the long run.
Failing to attach required documents as specified
Not including the necessary supporting documents can lead to a denial of your appeal or motion. Each form has specific requirements for documentation that must be adhered to. To avoid this mistake, carefully read the instructions provided with the form and ensure that all required documents are gathered and attached before submission. Keeping a checklist of required documents can help ensure nothing is overlooked.
Not providing additional information in Part 7 if needed
Omitting additional information in Part 7 when it is necessary can result in an incomplete application. This section is crucial for providing context or clarification that may support your case. To avoid this mistake, assess whether your situation requires further explanation and include any relevant details in Part 7. Providing comprehensive information can strengthen your appeal and improve the chances of a favorable outcome.
Not including the preparer's contact information if applicable
Failing to provide the preparer's contact information can hinder communication and processing of your appeal. If someone else has assisted you in completing the form, their contact details should be included to facilitate any necessary follow-up. To avoid this oversight, ensure that the preparer's information is clearly stated in the designated section of the form. This will help ensure that any questions or clarifications can be addressed promptly.

Frequently Asked Questions About Form I-290B

 

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How does the AI fill out Form I-290B?
You answer a few questions in plain words, or upload a document you already have. The AI reads what you give it and puts each answer into the right field of Form I-290B, on every page, in seconds. It checks the answers against the form's own rules, and you review and change anything before you download, print or sign.
What happens to my information?
It is encrypted in transit and at rest, and it is never used to train AI.
How complex is Form I-290B to fill out?
Form I-290B has a Form Complexity Index of 60 out of 100, in the moderate tier: 85 fillable fields across 5 pages. Instafill.ai's AI fills it in under a minute, with every field there for you to review before you download.
What is Form I-290B used for?
Form I-290B, Notice of Appeal or Motion, is used to appeal a decision made by the U.S. Citizenship and Immigration Services (USCIS) or to file a motion to reopen or reconsider a decision. This form allows individuals to formally request a review of a decision that they believe was incorrect.
What types of appeals or motions can be filed using Form I-290B?
Form I-290B can be used to file appeals for various types of decisions made by USCIS, including denials of applications or petitions. It can also be used to file motions to reopen or reconsider a case based on new evidence or legal arguments.
Who should complete Form I-290B?
Form I-290B should be completed by individuals who wish to appeal a decision made by USCIS or file a motion regarding their case. This includes applicants, petitioners, or their authorized representatives.
Can I file both an appeal and a motion on a single Form I-290B?
No, you cannot file both an appeal and a motion on a single Form I-290B. You must choose to either appeal a decision or file a motion, and you will need to submit separate forms for each type of request.
What should I do if I want to file an appeal with the Board of Immigration Appeals (BIA)?
If you want to file an appeal with the Board of Immigration Appeals (BIA), you should complete Form I-290B and submit it to USCIS. Ensure that you follow the specific instructions for filing an appeal, including any required fees and documentation, and submit it within the designated time frame.
What information is required in Part 1 of Form I-290B?
Part 1 of Form I-290B requires the applicant to provide their personal information, including their name, address, and any relevant identification numbers. This section is crucial as it identifies the individual filing the appeal or motion.
What is the significance of the attorney's state bar number on Form I-290B?
The attorney's state bar number on Form I-290B is significant as it verifies the attorney's credentials and their authorization to practice law in a specific state. This information helps ensure that the appeal or motion is being filed by a qualified legal representative.
What should I include in the statement regarding the basis for my appeal or motion?
In the statement regarding the basis for your appeal or motion, you should include a clear and concise explanation of the reasons for your appeal or motion, referencing any relevant laws, regulations, or facts that support your case. This statement is essential for the reviewing authority to understand the grounds for your request.
What is the difference between a motion to reopen and a motion to reconsider?
A motion to reopen is typically filed to present new evidence that was not available at the time of the original decision, while a motion to reconsider is filed to request a review of the decision based on errors of law or fact that were made in the original ruling. Understanding this distinction is important for properly framing your request.
How do I provide additional evidence or a brief with my appeal or motion?
To provide additional evidence or a brief with your appeal or motion, you should attach the documents to Form I-290B when submitting it. Ensure that all evidence is clearly labeled and referenced in your statement to facilitate the review process. It is important to follow any specific guidelines provided by the relevant authority regarding the submission of additional materials.
What happens if I do not properly complete Form I-290B?
If Form I-290B is not properly completed, it may be rejected or delayed by the USCIS. It is crucial to ensure that all required fields are filled out accurately and completely to avoid any issues with your appeal or motion.
What is the deadline for submitting additional evidence after filing an appeal?
The deadline for submitting additional evidence after filing an appeal using Form I-290B is typically 30 days from the date of filing the appeal. However, it is important to check the specific instructions provided with your decision notice, as deadlines may vary based on the type of case.
What contact information do I need to provide in Part 4 of Form I-290B?
In Part 4 of Form I-290B, you need to provide your full name, mailing address, and any other relevant contact information. This ensures that USCIS can reach you regarding your appeal or motion.
What is the purpose of the interpreter's information in Part 5?
The interpreter's information in Part 5 of Form I-290B is required if you are using an interpreter to assist you in completing the form. This section captures the interpreter's name, contact information, and certification, ensuring that communication is clear and accurate.
What should I do if I need more space to provide additional information?
If you need more space to provide additional information on Form I-290B, you can attach a separate sheet of paper. Make sure to include your name and the form title at the top of each additional page to ensure it is properly associated with your application.
How do I certify the information provided in Form I-290B?
To certify the information provided in Form I-290B, you must sign and date the form, affirming that the information is true and correct to the best of your knowledge. If you are filing on behalf of someone else, you should also include your relationship to the applicant and your authority to file on their behalf.
What is the importance of the receipt number in Part 2?
The receipt number in Part 2 is crucial as it identifies the specific application or petition that you are appealing or requesting a motion for. It allows the USCIS to track your case and ensures that your appeal or motion is associated with the correct record.
What should I do if I am filing on behalf of a business or organization?
If you are filing Form I-290B on behalf of a business or organization, you should provide the name of the business or organization in the appropriate sections of the form. Additionally, you must include your title and authority to act on behalf of the entity, along with any required documentation that supports your authority.
How can I check the eligibility of my immigration benefit for an appeal or motion?
To check the eligibility of your immigration benefit for an appeal or motion, review the decision made by USCIS and the specific grounds for denial. You may also consult the relevant immigration laws and regulations or seek legal advice to understand if your case qualifies for an appeal or motion.
What are the consequences of waiving grounds of ineligibility in my appeal?
Waiving grounds of ineligibility in your appeal may limit your ability to argue certain points in your case. It is important to understand that by waiving these grounds, you may be conceding to the issues raised in the denial, which could affect the outcome of your appeal. It is advisable to consult with an immigration attorney before making such a decision.
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