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1 day ago · To be able to file an appeal or motion, you must meet the following requirements: You had an approved Form I-140 that USCIS later revoked; You filed a Form I-485 based on a valid Form I-140, and the Form I-485 has been pending for 180 days or more;
- Motions to Reopen and Reconsider Generally
- Motions to Reopen
- Motions to Reconsider
- Combined Motions to Reopen and Reconsider
- Limitations on The Ability to File A Motion
- Filing Requirements For Motions
- Briefs and Additional Evidence
- Effect of Filing A Motion Or Subsequent Application Or Petition
- Expedite Requests
- 0 Requests For Oral Argument
If the Administrative Appeals Office (AAO) issues an unfavorable decision, the appellantmay file a motion to reopen the proceeding, a motion to reconsider the decision, or a combined motion to reopen and reconsider. The AAO may also reopen a proceeding or reconsider one of its prior decisions on its own motion. Unlike appeals, which ask a different...
A motion to reopen must state new facts and be supported by documentary evidence. Resubmitting previously provided evidence or reasserting previously stated facts will not meet the requirements of a motion to reopen. See Chapter 3.8(b)for more information about requirements for documentary evidence.
A motion to reconsider must establish that the AAO based its decision on an incorrect application of law or policy, and that the decision was incorrect based on the evidence in the record of proceedings at the time of the decision.The AAO will not consider new facts or evidence in a motion to reconsider. A motion to reconsider must be supported by ...
Appellants may file a combined motion to reopen and reconsider. The AAO will consider each motion independently. The AAO may grant both motions, grant one motion but deny the other, or deny both motions.
(a) Rejected Appeals
The AAO will deny a motion to reopen or reconsider its rejection of an appeal. When the AAO rejects an appeal, the appeal does not retain a filing date and there is no merits-based decision for the AAO to review. For more information about rejections of appeals, see Chapter 3.14(d).
(b) Abandoned Appeals
A motion to reopen an appeal that the AAO dismissed due to abandonment must establish that the decision was in error because: 1. The requested evidence was not material to the decision; 2. The appellant submitted the required initial evidence or additional information to the AAO before the deadline; or 3. The AAO incorrectly sent the request for additional information or appearance to the wrong address of record. For more information on the dismissal of an appeal due to abandonment, see Chapt...
(c) Legalization, Special Agricultural Workers, and the Legal Immigration Family Equity Act Legalization Provisions
USCIS decisions pertaining to benefit requests under section 245 of the Immigration and Nationality Act (the Act) (Legalization), section 210 of the Act (Special Agricultural Workers), and the Legal Immigration Family Equity Act legalization provisions are not subject to further review through the filing of a motion.However, USCIS may reopen or reconsider its prior decision on its own motion.
(a) Parties Eligible to File a Motion
Only persons or entities with legal standing in the proceeding (or their representative of record) may file a motion. In general, the beneficiary of a petition is not a party to the proceeding and does not have standing to file a motion. See Chapter 3.7(a)for more information about persons or entities with standing in a proceeding.
(b) Form I-290B, Notice of Appeal or Motion
Appellants must file a motion on Form I-290B, Notice of Appeal or Motion. Form I-290B and the instructions for completing the form are available at www.uscis.gov/i-290b. On Form I-290B, appellants must select whether they are submitting a motion to reopen, a motion to reconsider, or a combined motion to reopen and motion to reconsider.
(c) Timing
Appellants must file a motion within 30 days of the unfavorable decision (or 33 days if the decision is mailed). See Chapter 3.7(c)for more information about calculating time periods. The AAO may excuse the failure to timely file a motion to reopen if the appellant demonstrates that the delay was reasonable and was beyond his or her control.The regulations provide no corresponding discretion to excuse an untimely motion to reconsider.
(a) Motion Filed by Appellant
Appellants are not required to submit a brief with their motions; however, if they choose to submit a brief or additional evidence, they must do so concurrently with their motions.
(b) Service or Sua Sponte Motion
The AAO may reopen a proceeding or reconsider a decision on its own motion (sometimes called a Service motion or a sua sponte motion). If the AAO reopens on its own motion and the new decision may be unfavorable to the appellant, the AAO will notify the appellant and provide 30 days to submit a brief. The AAO may extend the deadline for submitting a brief upon request if the appellant shows good cause. See Chapter 3.8(c)for more information on requests to extend the deadline for submitting br...
Unless USCIS directs otherwise, the filing of a motion to reopen or reconsider (or the filing of a subsequent application or petition) does not delay the execution of any decision in a case or extend a previously set departure date.
An appellant may request expedited processing for a motion. For more information on expedite requests, see Chapter 6.3.
The AAO generally adjudicates decisions based on the record of proceedings without oral argument. However, the AAO may grant a written request for oral argument where a case involves an issue of particular significance and the AAO determines that it would benefit from supplemental argument. For more information on oral argument requests, see Chapte...
The USCIS case status “Case Rejected” means that you didn’t file your immigration paperwork correctly, so USCIS did not review your case. If USCIS rejects your case, it will return your original filing fee. To have your case reviewed, you’ll need to fix the issue that caused the rejection.
3 days ago · Five Steps to File at the USCIS Lockbox. Many USCIS forms are available to file online. You can review the list of Forms Available to File Online, learn how to Create a USCIS Online Account, and learn more about the Benefits of Filing Online, which would allow you to file and track your case anytime from anywhere.
View case status online using your receipt number, which can be found on notices that you may have received from USCIS. Also, sign up for Case Status Online to: . Receive automatic case status updates by email or text message, . View your case history and upcoming case activities, . Check the status of multiple cases and inquiries that you may ...
Aug 25, 2020 · You only have to access USCIS’ Case Status Online directly through uscis.gov. The Case Status Online landing page shows other quick reference online tools, such as how to change your address online, how to submit an inquiry about your case (e-Request), case processing times and how to locate a USCIS office.
Mar 8, 2024 · Did your personal information change, and would you like to update your USCIS-issued document? For instance, if you recently changed your name, gender, or both, you may want to update your USCIS-issued document to reflect these changes. If you are scheduled for an interview with USCIS, you may update your information at the time of your interview.
