i 290b form pdf
Overview of the I-290B Form
The I-290B form enables individuals to file appeals or motions with USCIS or the Administrative Appeals Office (AAO), excluding BIA appeals, which require Form EOIR-29. It facilitates reopening or reconsideration of decisions on applications like N-400, ensuring adherence to specific eligibility criteria and structured submission guidelines. The form’s purpose is to address denied immigration benefits, providing a formal channel for review and potential reversal of decisions. It is not applicable for BIA appeals, emphasizing the importance of using the correct form for the appropriate jurisdiction. The I-290B is a critical tool for seeking administrative remedies in immigration cases, requiring precise completion to ensure timely and effective processing.
Purpose of the Form I-290B
The I-290B form is primarily used to file an appeal or motion with the Administrative Appeals Office (AAO) or a USCIS office that issued a decision. It allows individuals to seek administrative remedies for denied immigration applications or unfavorable decisions. The form facilitates reopening or reconsideration of cases based on new evidence or procedural errors. It is essential for challenging decisions made by USCIS, ensuring that applicants have a formal channel to request a review of their case. The I-290B serves as a crucial tool for addressing denied applications and seeking potential reversal of decisions through structured legal processes;
Structure of the I-290B Form
The I-290B form is structured to facilitate clear and organized submission of appeals or motions. It includes sections for applicant/petitioner information, details of the decision being challenged, and the basis for the appeal or motion. The form requires precise documentation, such as the type of application or petition involved (e.g., N-400, I-140). It also mandates the submission of supporting evidence and fees. Specific boxes and fields guide applicants through the process, ensuring compliance with USCIS requirements. The form’s design emphasizes clarity and completeness to facilitate efficient processing by immigration authorities.
Eligibility Criteria for Filing Form I-290B
Eligibility for filing Form I-290B is restricted to applicants or petitioners seeking to appeal or motion decisions on specific immigration applications, such as denied N-400 or I-140 petitions. The form is not applicable for BIA appeals, which require Form EOIR-29. Applicants must meet jurisdictional and procedural requirements, ensuring the motion or appeal is timely and properly submitted to the correct USCIS office or AAO. The form is primarily for reopening or reconsideration of immigration decisions based on legal or factual errors.
Who Can File Form I-290B?
Form I-290B can be filed by applicants or petitioners seeking to appeal or motion decisions on denied immigration applications, such as N-400, I-140, or I-485. It is typically used by individuals who received an adverse decision from USCIS and wish to reopen or reconsider their case. The form is not for beneficiaries of petitions but for the primary applicant or petitioner. It applies to decisions made by USCIS field offices, service centers, or the Administrative Appeals Office (AAO). Legal representatives can also file on behalf of the applicant. The form does not apply to BIA appeals, which require Form EOIR-29.
Restrictions on Filing Form I-290B
Form I-290B cannot be used to appeal decisions to the Board of Immigration Appeals (BIA); instead, Form EOIR-29 must be used. Beneficiaries of immigration petitions are generally ineligible to file this form. Filing is restricted to the applicant or petitioner who received the adverse decision. Submissions must be made within 60 days of the decision date. Additionally, the form cannot be used for appeals of denied ICE Form I-17 petitions unless explicitly permitted. Proper jurisdiction and timing are critical to ensure the motion or appeal is considered valid and processed accordingly.
Filing Process for Form I-290B
Submit Form I-290B to the USCIS office that issued the decision, along with the required fee and supporting documents. Ensure timely filing within the specified 60-day window.
Where and How to Submit the Form
Submit Form I-290B to the USCIS office that issued the decision in your case. Ensure the form is completed accurately and signed. Attach required supporting documents, including the decision notice and evidence. The form must be filed within 60 days of the decision. Payment should be made via check or money order, as specified in the instructions. Do not submit the form directly to the Administrative Appeals Office (AAO). Include a completed Form G-28 if represented by an attorney. Timely submission is critical to avoid processing delays.
Required Fee and Payment Methods
The current filing fee for Form I-290B is $1,140, subject to change. Payment must be made via check or money order payable to “U.S. Department of Homeland Security.” Cash is not accepted. Include the correct fee to avoid processing delays. No fee waivers are available for this form. If required, biometrics fees may apply separately. Ensure the payment is attached to the form to prevent rejection. Always verify the latest fee on the USCIS website before submitting.
Processing Times and Timelines
The USCIS aims to process Form I-290B within six months of receipt. Processing times may vary based on workload and case complexity. Flexibility in response times is allowed.
USCIS Processing Goals for Form I-290B
The USCIS aims to process Form I-290B within six months of receipt. This timeframe reflects the agency’s commitment to efficient review of appeals and motions. However, processing times may vary due to case complexity or workload. USCIS allows flexibility, considering responses received up to 60 days after the decision date. Applicants should ensure timely submission and adhere to guidelines to avoid delays. The six-month goal balances thorough review with the need for prompt resolution of immigration cases, ensuring fairness and efficiency.
Flexibility in Response Times
USCIS offers flexibility by considering responses to requests or notices received up to 60 calendar days after the response due date. This policy, implemented to address challenges like the coronavirus pandemic, allows applicants additional time to submit required documentation or appeals. The 60-day grace period applies to Form I-290B submissions, ensuring applicants have sufficient time to respond without penalty. This flexibility aims to accommodate unforeseen circumstances, providing a reasonable window for compliance and maintaining fairness in the immigration process.
Common Mistakes to Avoid
Common mistakes include using Form I-290B for BIA appeals instead of Form EOIR-29 and submitting incomplete or inaccurate information, which can delay or dismiss the case.
Incorrect Use of Form I-290B for BIA Appeals
One common mistake is using Form I-290B for appeals to the Board of Immigration Appeals (BIA). The BIA requires Form EOIR-29 for such cases. Using I-290B for BIA appeals leads to delays or dismissal, as it is only intended for USCIS or AAO submissions. Always verify the correct form for your jurisdiction to avoid processing issues. This error underscores the importance of understanding the proper channels for appellate filings in immigration cases.
Importance of Completeness in Submission
Ensuring the completeness of Form I-290B is crucial for avoiding delays or dismissal. All required fields must be accurately filled, and supporting documents should be attached as specified. Incomplete submissions may result in processing issues or denial. Carefully review the form and instructions to confirm all information is provided. Missing or incorrect data can hinder USCIS from rendering a decision, emphasizing the need for thoroughness in preparation. Proper completion ensures adherence to guidelines and facilitates efficient processing of the appeal or motion.
Obtaining and Completing the Form
The I-290B form can be downloaded from the USCIS website. It requires detailed applicant and case information, along with supporting documents, to ensure proper submission and processing.
How to Download the I-290B Form
To download the I-290B form, visit the official USCIS website at uscis;gov. Navigate to the “Forms” section and search for “Form I-290B.” Select the most recent edition of the form, which will be available in PDF format. Ensure your device has a PDF reader, such as Adobe Acrobat, to view and print the form. Always download from the official USCIS website to avoid outdated or incorrect versions. Refer to the form’s instructions for guidance on proper completion and submission.
Steps to Fill Out the Form Correctly
To accurately complete the I-290B form, begin by carefully reading the instructions provided with the form. Ensure all personal and case-related information is entered correctly, including your name, mailing address, and USCIS file number. Attach all required supporting documents, such as a copy of the denied decision and evidence to support your appeal or motion. Use black ink to sign the form, and if applicable, include a completed Form G-28 for attorney representation. Double-check for completeness and avoid common errors, such as missing signatures or incomplete sections, to prevent delays. Finally, review the form thoroughly before submission to ensure all information is accurate and compliant with USCIS requirements. Visit the USCIS website for the most updated instructions and guidelines.
Additional Resources
Visit the USCIS website for official guidelines, downloadable PDFs, and detailed instructions for Form I-290B. Utilize online tools like the USCIS form finder and submission portals for streamlined processing. Ensure compliance with the latest updates and requirements by referencing the provided resources regularly. Additionally, consult the USCIS Form G-28 for attorney representation instructions, if applicable.
USCIS Guidelines and Instructions
USCIS provides detailed guidelines for completing Form I-290B on their official website. Ensure to download the latest version of the form and carefully follow the instructions to avoid errors. The form must be filled out accurately, with all required fields completed and supporting documents attached. Instructions specify acceptable payment methods and submission addresses. Applicants should review the eligibility criteria and ensure they meet the requirements before filing. It is essential to adhere to the guidelines to prevent delays in processing. Always refer to the official USCIS instructions for the most up-to-date information.
Online Tools for Form Submission
The USCIS website offers convenient online tools for submitting Form I-290B. Applicants can download the form directly from the official USCIS portal and fill it out digitally. Secure online submission options are available, ensuring timely and efficient processing. Additionally, the USCIS online platform allows applicants to track their case status and receive updates. Digital signatures are accepted for online submissions, streamlining the process. Always use the official USCIS website to access the form and submission tools to ensure compliance with guidelines and avoid delays.