This page is general information, not legal advice. Ask a qualified immigration representative to review the decision, available review route and deadline.
Quick summary: I-290B instructions distinguish an appeal, a motion to reopen and a motion to reconsider. They set 30 calendar days, or 33 if the decision was mailed, for cases other than the specified immigrant-petition revocation appeals, which use 15 or 18 days respectively.
This guide follows the general form instructions for Guatemalan applicants and petitioners. It does not establish a separate nationality rule. For the separate fee-waiver task, see Form I-912.
Confirm that this is the correct form and filer
Start with the decision and its instructions. USCIS says not to use I-290B for appeals to the Board of Immigration Appeals. Its instructions identify appeals involving Form I-130 and widow(er) self-petitions on Form I-360 as BIA matters and point to Form EOIR-29.
The instructions also say a beneficiary may not file an appeal or motion unless law specifically permits it. They identify an exception for certain employment-based beneficiaries who properly request job portability: USCIS must first make a favorable determination of porting eligibility for the beneficiary to participate as an affected party in the revocation proceeding. Being named as a beneficiary is not enough by itself.
Select the review you are requesting
| Filing type | Basis required by the I-290B instructions | What must accompany the filing |
|---|---|---|
| Appeal | Identify an erroneous legal conclusion or factual statement in the decision | State the error on the form even if a brief will follow |
| Motion to reopen | New facts supported by documentary evidence demonstrating eligibility when the application or petition was filed | Any brief and/or additional evidence must be submitted with the motion |
| Motion to reconsider | Reasons supported by pertinent precedent, as applicable, showing an incorrect application of law or policy and error based on the record at decision time | Any brief and/or additional evidence must be submitted with the motion |
| Combined motion | Meet the reopening and reconsideration requirements separately | USCIS assesses each component separately |
For an appeal, USCIS instructs the filer to address all grounds of ineligibility in the unfavorable decision. An unaddressed ground may be treated as waived and can itself support dismissal.
For motions, the instructions also require a statement saying whether the underlying USCIS decision is or has been subject to judicial proceedings and, if so, identifying the court, nature, date and status or result.
Check the deadline category before counting days
| Decision category | Deadline stated in instructions | If USCIS mailed the decision |
|---|---|---|
| Appeal of immigrant-petition revocation under 8 CFR 205.2 | 15 calendar days from service | 18 calendar days |
| Other appeal or motion cases | 30 calendar days | 33 calendar days |
For a mailed decision, the instructions define service by the mailing date, not the day you receive it. They say USCIS rejects a late appeal, although the issuing office may determine that it meets motion requirements and issue a separate decision. They say a late motion is dismissed, but USCIS may excuse a late motion to reopen if the delay was reasonable and beyond the filer’s control. Those provisions are not a guarantee of acceptance.
Keep initial filing and later appeal evidence separate
For an appeal, the form provides an election to submit a brief or additional evidence directly to the Administrative Appeals Office within 30 calendar days after filing the appeal. Even with that election, the original form must identify the error. For a motion, submit any brief and/or additional evidence with the motion.
The instructions direct filers to the current I-290B page for filing locations and explicitly say not to file the form directly with the AAO. Later appeal evidence is a different delivery step: it goes directly to the AAO even if the case has not yet been transferred.
Check G-1055 for the applicable fee. Its captured landing page identifies edition 10/26/26 and an added I-290B exemption for Sileiri Doe v. DHS class members. This guide does not decide class membership or quote an unverified dollar amount.
For related tasks, see USCIS case status and finding accredited immigration help.
Sources
- USCIS I-290B instructions, edition 05/31/24; read 31 October 2026.
- USCIS G-1055 fee schedule landing page; read 31 October 2026.
Frequently Asked Questions
Can I use I-290B to appeal an I-130 denial?
The I-290B instructions say not to use it for a BIA appeal. They identify I-130 appeals as within the BIA’s jurisdiction and direct those appeals to Form EOIR-29.
What is the difference between reopening and reconsideration?
Reopening requires new facts and documentary evidence showing eligibility when the application or petition was filed. Reconsideration addresses an incorrect application of law or policy and the record at the time of the decision.
Does every I-290B have a 30-day deadline?
No. The instructions set 15 calendar days, or 18 if mailed, for appeals of immigrant-petition revocations under 8 CFR 205.2. Other cases use 30 calendar days, or 33 if the decision was mailed.
Can I send a motion's evidence later?
No. The I-290B instructions say any brief and/or additional evidence for a motion must be submitted with the motion. The option to submit a later brief applies to an appeal, subject to its instructions.
