I-290B Motion to Reopen or Reconsider in Lake Forest: Appeal USCIS Denials
Challenge unfavorable immigration decisions in Orange County
Quick Answer
Lake Forest, a thriving city in Orange County's Saddleback Valley, is home to many immigrant families who have built their lives in Southern California. When USCIS denies an immigration petition or application, Form I-290B provides an avenue to challenge that decision through a motion to reopen or reconsider.
Reviewed for accuracy by
Maria Santos
DOJ Accredited Representative • 15+ years experience
Lake Forest, a thriving city in Orange County's Saddleback Valley, is home to many immigrant families who have built their lives in Southern California. When USCIS denies an immigration petition or application, Form I-290B provides an avenue to challenge that decision through a motion to reopen or reconsider.
Understanding Form I-290B
Motion to Reopen: Requests USCIS reconsider based on NEW evidence that was not available at the time of the original decision.
Motion to Reconsider: Argues USCIS made an error in applying law or policy to the existing evidence - no new evidence required.
When to File I-290B
- •USCIS denied your petition or application
- •You disagree with the reasons for denial
- •You have new evidence that wasn't previously available
- •You believe USCIS misapplied the law or policy
- •You received a Request for Evidence (RFE) response denial
- •Your case was denied after a Notice of Intent to Deny (NOID)
Filing Deadlines
| Motion Type | Filing Deadline | Extension Available |
|---|---|---|
| Motion to Reopen | 30 days from denial | No |
| Motion to Reconsider | 30 days from denial | No |
| Appeal to AAO | 30 days from denial | No |
| Late Motion (Suo Sponte) | Any time | USCIS discretion only |
Motion to Reopen Requirements
- •New facts that are material to the case
- •Evidence that was not available at the time of the original decision
- •Explanation of why evidence was not previously available
- •Affidavits or other supporting documentation
- •Filing fee (unless fee waiver approved)
Motion to Reconsider Requirements
- •An incorrect application of law or policy
- •Failure to consider relevant evidence that was submitted
- •Factual errors in the decision
- •Legal arguments explaining the error
- •Reference to applicable statutes, regulations, or precedent decisions
Common Mistakes to Avoid
• Filing after the 30-day deadline (strict rule)
• Submitting the same evidence that was already denied
• Failing to address the specific reasons for denial
• Not explaining why new evidence wasn't available before
• Incomplete forms or missing filing fee
• Arguing disagreement rather than legal error
FAQFrequently Asked Questions
Q:How long do I have to file an I-290B motion?
A: You must file within 30 days of the denial decision. This deadline is strict and extensions are generally not granted.
Q:What's the difference between a motion and an appeal?
A: A motion asks the same office to reconsider its decision. An appeal goes to the Administrative Appeals Office (AAO) for review by a different authority.
Q:Can I file both a motion to reopen AND reconsider?
A: Yes, you can file both types of motions simultaneously if you have both new evidence AND believe USCIS made a legal error.
Q:How long does it take USCIS to decide a motion?
A: Processing times vary but typically range from 3-6 months. There is no premium processing for motions.
Q:What if my motion is denied?
A: You may have additional options including filing an appeal, filing a new petition, or exploring other immigration pathways depending on your situation.
USCIS Denied Your Case?
Our team helps families in Lake Forest prepare motions to reopen or reconsider with properly documented arguments.
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