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.
On January 14, 2026, the Trump administration announced a freeze on immigrant visa issuance for nationals of 75 countries . The administration states that this “visa freeze” is intended to review security protocols, “reduce risks,” and control immigration flows. However, the immediate reality is that this change in policy has temporarily suspended visa processing and restricted travel for applicants from numerous countries across the globe. While the legal landscape surrounding these suspensions is highly fluid and subject to change, it is important to consider how this “visa freeze” might impact your current status or immigration plans. The scope of the restrictions varies drastically depending on your country of origin and specific visa category. Most notably, a nationality-based travel ban restricts visa issuance for 19 countries : Afghanistan, Burma, Chad, Republic of Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, Yemen, Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela. Beyond this targeted ban, a broader freeze affects applicants from a designated list of up to 75 countries, leading to indefinite delays for many visa petitions. However, it is important to note that immigrant visa applications first need to be processed through USCIS, which has not paused processing applications from the 75 countries. Thus, it is important to contact an attorney to understand at what point in the process this visa freeze may affect your case. While Brazil is included in the list of 75 countries, at the time of this publication, the freeze does not include non-immigrant visas for Brazil . Non-immigrant visas are granted to foreign nationals seeking to enter the United States on a temporary basis for specific purposes, such as tourism, studying, or temporary work. This means that Brazilian applicants can still safely pursue non-immigrant employment options, such as O visas for individuals with extraordinary ability or P visas for internationally recognized athletes, without being subjected to the current travel bans or suspensions. This alert is for informational purposes only and does not constitute legal advice. There are many changes and uncertainties, so please consult with a qualified attorney at Santos Lloyd Law Firm, P.C. to understand how these evolving policies might affect your specific case
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In recent weeks, the U.S. government has moved to terminate Temporary Protected Status (TPS) for multiple countries, sparking a wave of last-minute litigation and creating significant uncertainty for beneficiaries. This shift is having a profound impact on those who rely on TPS for lawful presence and work authorization in the United States. Across the country, federal courts have intervened to pause or block scheduled TPS terminations for several countries, including Burma (Myanmar), Ethiopia, Haiti, South Sudan, and Syria. In response to these court orders, USCIS has updated its webpages to indicate that TPS status and related Employment Authorization Documents (EADs) are extended for these populations. However, USCIS is intentionally not providing specific new end dates for EAD validity while the litigation remains in flux. The Department of Homeland Security (DHS) has prominently noted that it "vehemently disagrees" with these court orders and is actively working with the Department of Justice on next steps. This legal landscape remains highly unpredictable and varies drastically depending on the country of origin. For example, on February 9, 2026, the 9th Circuit Court of Appeals granted a stay allowing the government to proceed with the termination of TPS for Nicaragua, Honduras, and Nepal while the underlying legal challenges continue. Because of this ruling, the automatic extension of work authorization for these individuals has ended, and employers are now required to reverify the work authorization of affected employees, who must present alternative valid documentation to continue their employment. These rapid changes and the lack of clear end dates are causing complications beyond the workplace. Because driver's licenses often track the length of an individual's authorized stay, many DMVs are currently declining to issue or renew driver's licenses for impacted TPS populations. For employers, managing internal communications, avoiding onboarding errors, and navigating Form I-9 compliance has become increasingly complex. It is more important than ever to be well-prepared and proactive in monitoring these rapid changes. At Santos Lloyd Law Firm, P.C., our immigration attorneys are ready to guide you through this evolving process and ensure you are informed, and supported. Please contact us if you have questions or need assistance.
