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I-290B Attorney Helping Clients Decide When to File an Immigration Appeal or Motion
When you are dealing with immigration and visa applications, the best-case scenario is that your application is reviewed and approved without issue. However, this is often not the case. Situations may arise where the reviewing authority seeks additional clarifications, more substantiating documentation, or worse yet, decides to reject your application outright. When faced with such challenges, the recourse may involve filing a notice of appeal or motion, known as Form I-290B.
If you’re grappling with an immigration matter or find yourself considering the possibility of appealing an immigration decision, reach out to Delgado Avalos Law Firm. Our commitment is to ensure comprehensive understanding of your options while assisting you in navigating the journey towards legal status or a change in status within the United States.
What Is Form I-290B?
Form I-290B is called the Notice of Appeal or Motion, and it is the required form if you wish to appeal an immigration decision or need to file a motion for a hearing or other action in your case. You can use this form to file a notice with the Administrative Appeals Office or a motion with the U.S. Citizenship and Immigration Services office.
Before you file an I-290B, speak with an immigration attorney to ensure that you have grounds for appeal or are allowed to file a motion. In many cases, it is beneficial to have an attorney look over your notice before you file and to have legal representation through any immigration hearings.
When Should You Use Form I-290B?
A Notice of Appeal or Motion is generally used in these cases:
- A U.S. Citizenship and Immigration Services office has made a decision in your case that you disagree with, and you wish to file a motion for a hearing or an appeal with that office.
- You wish to file an appeal with the Administrative Appeals Office (AAO)
- Your petition for approval of school for attendance by a nonimmigrant student was denied by Immigration and Customs Enforcement, and you wish to appeal the decision.
It is crucial that you are sure that filing Form I-290B is the correct choice for your specific circumstances, as there are different appeal forms for different situations. If you have questions about which form to use or whether you are able to appeal a decision, contact an immigration attorney for assistance.
Do I Need a Separate I-290B for Each Motion?
If the need arises to file multiple motions or appeals, a question often surfaces—can all the submissions be consolidated into one form? Unfortunately, they cannot. The U.S. Citizenship and Immigration Services mandates separate filing of each motion or appeal using an individual Form I-290B. Furthermore, each submission requires a filing fee. Enlisting the services of an immigration attorney experienced in appeals can aid in navigating the multiple appeal or motion submission process, ensuring adherence to requirements.
Who Is Not Eligible to File Form I-290B?
When filing Form I-290B, it is important to understand that solely the petitioner themselves can file the notice. This means that your attorney can’t file it on your behalf. However, a knowledgeable attorney can provide counsel to ensure that the form is filled out appropriately and that you’ve included every pertinent detail.
Situations for which you are not eligible to file Form I-290B include:
- Filing an appeal with the Board of Immigration Appeals. Appeals to this office must be filed with Form EOIR-29.
- Filing an appeal for a denial by an overseas consular office or Department of State.
- Filing an appeal for a Special Agricultural Worker or Legalization application. This type of appeal requires filing Form I-694.
How Long Do I Have to File a Notice of Appeal or Motion?
There are specific guidelines for how long a person has to file an appeal or motion to ensure that cases can be dealt with and closed in a timely manner. Typically, you have a span of 30 calendar days after electronic notification or 33 calendar days after notification via mail to initiate an appeal or motion. Importantly, this countdown commences from the service date, reflecting the date of mailing by the immigration office, not the date of receipt. Refer to the documentation or envelope to ascertain the mailing date.
How Can an Immigration Attorney Help Me?
Immigration and visa processes are complex. An immigration attorney can be an invaluable resource to ensure that you have accurate legal information and know what your next steps should be.
Should your immigration application encounter a setback in the form of denial, contemplating a notice of appeal or motion may be your next move. Delgado Avalos Law Firm is your partner in comprehending this intricate process, guiding you through the appeal and hearing journey. While headquartered in Ventura, California, our services extend across the entirety of the United States. Call 805-793-0647 to talk to one of our team members today.
