Form I-290B, Instructions for Notice of Appeal or Motion ...

1 Form I-290B, Instructions for Notice of Appeal or MotionOMB No. 1615-0095 Expires 05/31/2020[Page 1]What Is the Purpose of Form I-290B?Form I-290B, Notice of Appeal or Motion , is primarily used to the Administrative Appeals Office (AAO); the Citizenship and Immigration Services (USCIS) office that issued the latestdecision in your case (including a field office, service center, or the AAO).Please the immigration benefit types that are eligible for anappeal or Motion using this may also use Form I-290B for appeals or motions regarding certain denials of Form I-17, Petitionfor Approval of School for Attendance by Nonimmigrant Student, filed with the Immigration andCustoms Enforcement (ICE) Student and Exchange Visitor Program (SEVP), or when SEVP withdrawsits approval for nonimmigrant students to attend the school.

2 The Notice letter from SEVP will includeinstructions for filing an Appeal and/or Motion , if May Not File Form I-290B? you are thebeneficiaryof apetition or application,youMAY NOTfile an Appeal or motionunlessinstructedby USCIS and as specifically permitted not use this form to file an Appeal with the Board of Immigration Appeals (BIA). The BIA hasjurisdiction over appeals of Form I-130, Petition for Alien Relative, and Form I-360, Self-Petition for aWidow(er) of a Citizen. You may file an Appeal with the BIA using Form EOIR-29, which isavailableon ourwebsite at the Department of Justice website not use this form to Appeal the denial of a visa application by an overseas Department of Stateconsular officer (for example, Forms DS-156, DS-156E, DS-156K, DS-117, DS-157, DS-230, or DS-260).

3 For information about visa application denials, visit the Department of State website not use this form for appeals of Special Agricultural Worker or Legalization applications. Youmust file these appeals on Form I-694, Notice of Appeal of Decision Under Sections 245A or 210 of theImmigration and Nationality Act. Form I-694 is available InstructionsUSCIS provides forms free of charge through the USCIS website. In order to view, print, or fill out ourforms, you should use the latest version of Adobe Reader, which you can download for free you do not have Internet access, you may call theUSCIS ContactCenter at1-800-375-5283and ask that we mail a form to you. For TTY (deaf or hard of hearing) call:1-AILA Doc.

4 No. 19080900. (Posted 8/9/19)800-767-1833. If you are filing this form electronically, you must follow the Instructions provided on theUSCIS website [Page 2] most cases, you must file your Appeal or Motion within30 calendar daysof the date ofservice of theunfavorabledecision (or within33 calendar daysif we mailed the decision to you).However, if you are appealing a decision to revoke the approval of an immigrant petition under 8 , you must file the Appeal within15 calendar days(or within18 calendar daysif we mailed thedecision to you).NOTE:If we sent you the decision by mail, the date of service is the date we mailed the decision, notthe date you received it. See 8 CFR (b). Decisions are normally mailed the same day they will reject alate Appeal .

5 However,the office that issued theunfavorabledecision may determinethat the untimely Appeal meets the requirements of a Motion to reopen or a Motion to reconsiderand issuea separate willdismissa late Motion . However,we may excuse the failure to timely file amotion to reopenif you demonstratethat the delay wasbothreasonable and beyond your form must be properly signed and filed. For all signatures on this form, USCIS will notaccept a stamped or typewritten name in place of a signature. If you are filing this form electronically,when authorized, USCIS will accept your signature in an electronic parent, legal guardian orother individual may sign on behalf of a child under the age of legal guardian may also sign for amentally incompetent the request is not signed or if the requisite signature on the request is notvalid, USCIS will reject the request.

6 See 8 CFR (a)(7)(ii)(A).NOTE:USCIS will consider a photocopied, faxed, or scanned copy of the original handwritten signatureacceptable for filing purposes. The photocopy, fax, or scan must be of the original document containingthe handwritten ink form must be accompanied by the appropriate filing fee. (See theWhat Is the FilingFeesection of these Instructions .) the time of filing, you must submit all evidence and supportingdocumentslisted in theSpecific Instructionsand/orWhat Evidence Must You Submitsections of these Instructions . If youare electronically filing this form, you must follow the Instructions provided on the USCIS online filingwebsite Services may require that you appear for an interview or providebiometrics (fingerprints, a photograph, and/or a signature)at any time to verify your identity, obtainadditional information, and conduct background and security checks, including a check of criminalhistory records maintained by the Federal Bureau of Investigation (FBI), before making a decision onyour Appeal or Motion .

7 After USCIS receives your Appeal or Motion and ensures it is complete, we willinform you in writing or by email Notice if you e-file your form,, if you need to attend a biometricservices appointment. If an appointment is necessary, t, the Notice will provide you the location of yourlocal or designated USCIS Application Support Center (ASC) and the date and time of your appointmentor, iif you are currently overseas, instruct you to contact a Embassy, Consulate, or USCIS officeoutside the United States to set up an Doc. No. 19080900. (Posted 8/9/19)Ifyou are required to provide biometrics, at your appointment you must sign an oath reaffirming provided or authorized all information in the form, reviewed and understood all of the information contained in, and submitted with, your form, of this information was complete, true, and correct at the time of you fail to attend your biometric services appointment, USCIS maydismiss yourappeal or should submit legible photocopies of documents requested, unless the Instructionsspecifically state that you must submit an original document.

8 USCIS may request an original document atthe time of filing or at any time during processing of an application, petition, or request. If USCIS requests an original document from you, it will be returned to you after USCIS determines it no :If you submit original documents when not required or requested by USCIS,your originaldocuments may be immediately destroyed upon receipt.[Page 3] you submit a document with information in a foreign language, you must also submit afull English translation. The translator must sign a certification that the English language translation iscomplete and accurate, and that he or she is competent to translate from the foreign language into certification mustalsoinclude the translator ssignature, printed name, the signature date,and thetranslator s contact to Fill Out Form or print legibly in black you need extra space to complete any item within this form, use the space provided inPart Informationor attach a separate sheet ofpaper.

9 Typeor print your name and AlienRegistration Number (A-Number) (if any) at the top of each sheet; indicate thePage Number,PartNumber, andItem Numberto which your answer refers; and sign and date each all questions fully and accurately. If a question does not apply to you (for example, if youhave never been married and the question asks, Provide the name of your current spouse ), type or print N/A, unless otherwise directed. If your answer to a question which requires a numeric response is zeroor none (for example, How many children do you have or How many times have you departed theUnited States ), type or print None, unless otherwise InstructionsForm I-290B is divided intoParts 1. Information About the Applicant or PetitionerItem Numbers - Full you arefiling this Appeal or motionas an individual, provideyourfull legal name.

10 Ifyou havetwo last names, include both anduse a hyphen (-) between the names, ifAILA Doc. No. 19080900. (Posted 8/9/19)appropriate. Ifyou haveonly one name, enter the name in the Family Name (Last Name) notcomplete this item if a business or organization is filing this Appeal or Number 2. Date of you are filing this Appeal or Motion as an individual, provide yourdate of not complete this item if a business or organization is filing this Appeal or or Organization Name(if applicable).If a business or organization is filingthis Appeal or Motion , provide its complete name, without Registration Number(A-Number, if applicable).This is the USCIS (or formerImmigration and Naturalization Service (INS)) file number.