USCIS Denials - Can you appeal or file a motion after USCIS denied your case?
Denice Flores • June 8, 2023
Did U.S. Citizenship and Immigration Services (USCIS) deny your application? You may still have the opportunity to appeal the decision or file a motion in your case.
Note, this information does not apply to cases denied by an Immigration Judge before the Immigration Court. This is only for cases filed with USCIS.
You may appeal USCIS’s decision or request USCIS to reconsider the denial by filing Form I-290B, Notice of Appeal or Motion. An appeal is filed with the Administrative Appeals Office (AAO). A Motion is filed with the USCIS office that issued the latest decision in your case, this may include a field office, service center, or the AAO.
Please be mindful that only the applicant or petitioner of the case may file Form I-290B. The beneficiary of the petition or any attorney of the beneficiary may not file an appeal or motion.
In most cases, pursuant to Title 8, C.F.R. §103.5(a)(1)(i), an appeal or motion must be filed within 30 calendar days of the date of the USCIS decision. However, if USCIS sent the decision by mail, the date the decision was mailed is the date to start counting the 30 days. USCIS may deny a late-filed appeal or motion. Please note, if filing a Motion to Reopen past the 30 days, USCIS may still accept the motion if it determines that the delay was reasonable and beyond your control.
When filing Form I-290B, you must include all evidence and supporting documents to support your appeal or motion. If filing a motion, this may include a legal brief and if filing a Motion to Reopen past the 30 days of decision, this may include evidence to show that the delay was reasonable and beyond your control.
Another critical point, do not forget to include the filing fee of $675 when submitting Form I-290B to USCIS. Failure to pay the correct amount will result in USCIS rejecting your appeal or motion.
Additionally, the address where you file Form I-290B, depends on the type of application that USCIS denied and that you are appealing or filing a motion for. You may reference the USCIS website (https://www.uscis.gov/i-290b-addresses) to determine which address is appropriate for your case.
If you have any questions about the type of evidence to include, where to file your appeal or motion, or if you are wondering if you may appeal or file a motion in your case, please schedule a consultation with one of our experienced attorneys right away and we will be more than happy to assist you.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
Receiving a two-year green card through marriage is an important step, but it leaves another process ahead: removing the conditions on permanent residence. For couples preparing a joint Form I-751 petition, understanding the filing window and organizing evidence early can make the preparation more manageable. The starting point is your own record. Locate the green card, the notice granting residence, and copies of the earlier immigration filing. Check the date conditional residence began and the card’s expiration date. Do not calculate the next deadline solely from your wedding anniversary or the date an attorney first submitted your case. Understand the joint filing window Under 8 CFR 216.4 , a joint I-751 petition generally must be filed during the 90-day period immediately before the second anniversary of obtaining conditional permanent residence. This is a window before that anniversary, not an additional 90 days after the card expires. Preparing early and filing early are different things. You can begin gathering records well before the window opens, while coordinating the correct submission date with your attorney. A joint petition also requires the appropriate signatures, fee, and supporting documentation. Confirm the current form instructions, accepted filing method, and applicable fee when the case is ready to submit. Build a record of the marriage over time The regulation identifies several types of evidence that may help show the marriage was not entered into to evade immigration law: jointly owned property, a lease for a shared home, combined financial resources, children’s birth certificates, and statements from people with personal knowledge of the relationship. These examples do not mean every couple must have a mortgage, joint accounts, or children. The evidence should accurately reflect your circumstances. A clear explanation of how you manage your household can be more useful than forcing your relationship into a checklist that does not fit. As a practical preparation step, organize records by date and type. Review whether they help explain the course of the marriage, rather than collecting only documents created shortly before filing. Flag separate addresses, name changes, or gaps in the records for your attorney. Never alter a document to make the history appear simpler. Tell your attorney if circumstances change This article addresses joint filing. Divorce, the death of a spouse, abuse, or other significant changes may require a different filing basis or an individualized assessment. Separate waiver provisions exist, with their own requirements. A spouse’s unwillingness to sign does not, by itself, establish eligibility for every waiver. Do not assume that the joint 90-day window answers every question about a non-joint case. If the relationship changes while preparing the petition or while it is pending, inform counsel promptly. You should not need to invent a continuing relationship to seek advice about the options that may actually apply. Keep tracking the case after submission The regulation provides that conditional resident status is automatically extended, when necessary, upon receipt of a properly filed I-751 until adjudication. Proof of that status is a separate practical matter: keep the receipt notice and have counsel review its wording before relying on it for travel or employment documentation. This article does not promise a particular receipt-extension period or processing time. A missed deadline calls for prompt legal attention. The regulation allows some late joint filings where USCIS accepts a written showing of good cause, but acceptance is not automatic. Do not assume a late petition cures the problem without further review. Santos Lloyd Law Firm, P.C. can help you assess the filing window, organize relevant evidence, and identify changes that may affect your I-751 strategy. Contact the firm early enough to review the facts before the deadline approaches.
October begins a new federal fiscal year, but that does not mean every green card applicant moves to the front of the line. The Department of State’s October 2026 Visa Bulletin sets out the visa availability that applicants in family-sponsored and employment-based preference categories need to review this month.
Santos Lloyd Law Firm takes great pride in announcing that Partner Flavia Santos Lloyd has been invited to join the Fellows of the American Bar Foundation. As a highly selective global network, the organization recognizes legal professionals across both the public and private sectors who embody the absolute highest standards of the practice. Admission to this distinguished group highlights Flavia’s outstanding legal career, professional integrity, and deep impact on the legal community. Our team celebrates Flavia on this well-deserved recognition!
