Last updated: 8/28/2024
Notice Of Appeal Or Motion {I-290B}
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Description
I-290B - NOTICE OF APPEAL OR MOTION. Use this form to file: • An appeal with the Administrative Appeals Office (AAO); • A motion with the USCIS office that issued the latest decision in your case (including a field office, service center, or the AAO); or • Certain appeals of the denial of an Immigration and Customs Enforcement (ICE) Form I-17, Petition for Approval of School for Attendance by Nonimmigrant Student, with the ICE Student and Exchange Visitor Program. Do not use this form if you: • Are the beneficiary of a petition. Generally, only an applicant or petitioner may file an appeal or motion. o EXCEPTION: If you are the beneficiary of a Form I-140, Immigrant Petition for Alien Worker and we have revoked your approved Form I-140 and advised you that you may file a motion or appeal, you may then file a Form I-290B. Please include the USCIS revocation notice with your Form I-290B. • Want to file an appeal with the Board of Immigration Appeals (BIA). Appeals of Form I-130, Petition for Alien Relative, fall under the appellate jurisdiction of the BIA. The BIA also has jurisdiction over appeals of immigrant petitions that widow(er)s have filed using Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. You may file an appeal with the BIA using Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals. • Want to appeal a USCIS “no risk” determination under the Adam Walsh Act. You may seek further review by filing a motion to reopen or reconsider on Form I-290B, Notice of Appeal or Motion, but there is no appeal available from such a determination. • Want to appeal a Department of State consular officer’s denial of your U.S. visa application (for example, Forms DS-156, DS-156E, DS-156K, DS-117, DS-157, DS-230, or DS-260). • Want to appeal a Special Agricultural Worker or Legalization application. You must file these appeals on Form I-694, Notice of Appeal of Decision, Under Sections 245A or 210 of the Immigration and Nationality Act. www.FormsWorkflow.com
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