FORM I-290B – MOTION TO RECONSIDER

Depending on your case type, Form I-290B, Notice of Appeal or Motion can be used to file a Motion to Reconsider with USCIS. A Motion to Reconsider is to point out the decision was based on an incorrect application of the law or policy. While a Motion to Reopen is based on new information introduced to the case, a Motion to Reconsider examines the present evidence the adverse decision was based on.

A perfect example of when to file a Motion to Reconsider is when USCIS denies a 32-year-old applicant’s N-400 Citizenship due to failure to have registered for selective service, given that the requirement to have registered for selective service only applies to applicants between the ages 26 to 31.

READ OUR I-290B SUCCESS STORIES

Our fee structure is unique to us as we strive to tailor our services for each client individually. We adapt price standards that are capable of fluctuating for each client. Clients may retain us for one or all the above steps/services of an I290B Motion to Reconsider.

We are happy to customize a proposal for you during a consultation. Please see the below information.

CASE PROCESSING OVERVIEW

Step 1: Strategy Session for I-290B Motion to Reconsider

This is the most crucial step for your entire I-290B Motion to Reconsider. We will review USCIS’s denial decision with all of the previously submitted supporting documents to create a strategy, a customized checklist, and a timeline to serve as the guiding foundation for the entire case preparation.

Step 2: Prepare and Submit I-290B Motion to Reconsider

Our attorneys will craft your Motion to Reconsider arguments and complete all forms, organize supporting documents, and assemble the crafted arguments into the proper application formats. After a thorough review, we will then submit the application to USCIS.

Step 3: Respond to Request for Evidence (RFE) or Notice of Intent to Deny (NOID)

In the event USCIS issues a Request for Evidence (RFE) or Notice of Intent to Deny (NOID), our attorneys will craft a response in a timely manner to fight for the approval of your Motion to Reopen.

SAMPLE & TEMPLATES

Attorney Brief: [coming soon] We will provide an attorney brief sample for the I-290B motion.

Cover Letter: [coming soon] We will also provide a cover letter sample for the I-290B motion.

Sample Request for Evidence: [coming soon] Requests for evidence can be used to strengthen the case.

Forms: Here is a list of the forms that are needed by USCIS

Sample Checklist: [coming soon] We look at the client’s unique situation and create customized checklists to strengthen their cases.

USCIS Fee Calculator: This is to help calculate how much the filing fee will be.

USCIS Mailing Address: This address is where it is mailed to USCIS.

USCIS Processing Timetable: This will help you figure out how long it will take to process.

ASC Field Offices: Listed are the addresses of the field offices for the bio-metrics.

FREQUENTLY ASKED QUESTIONS

How much time do I have to file a Motion to Reconsider?

Form I-290B must be filed within 30 days of a USCIS or DOL decision. If the denial notice was received in the mail, you will have 3 extra days for a total of 33 days from the date of denial to file a motion.

Will USCIS accept a late filing of a Motion to Reconsider?

The only way USCIS will accept a late filing for your Motion is if you were granted an extension based on USCIS discretion due to reasons beyond your control.

On average, USCIS adjudicates Motions within 90 days of receiving the case. However, the actual time may vary as the Motions are processed in the order in which they are received. To check the status of your motion, you may contact the USCIS Contact Center at 800-375-5283 and ask for a “service request.”

Can I do both a Motion to Reopen and Motion to Reconsider at the same time?

Yes, the two Motions can be filed at the same time- however, each will require a separate filing of the I-290B Motion. You should only file for the Motion to Reopen and Motion to Reconsider if you meet the requirements and qualifications for both. Each motion is based on a different set of criteria therefore they are determined separately, and you must provide a basis for both. Applicants who only qualify for one or the other should NOT file both.

What are the chances of success of filing a Motion to Reconsider? Is this worth doing?

The chances of successfully reversing the adverse decision with I290B depends on your ability to present new evidence or appropriate law that shows USCIS made an erroneous decision in the first place. Thus, having an attorney is highly recommended to expertly review the initial denial decision and determine whether it is worth filing a I-290B.

What documents do I need to prepare to file a Motion to Reconsider?

Each case is unique and requires specific documents and documentary evidence dependent on the case type and case category. We will assess the basis for denial, the case background, and potential challenges to strategize and come up with all necessary documentation. At Tsang and Associates, we specialize in writing legal briefs and cover letters, and finding documentary evidence to overturn unfavored decisions.

What can I do if my Motion to Reconsider is denied?

Depending on your case, you may file another Motion to Reopen, or Appeal to the AAO, BIA, or directly to the district court. Please note, you may only appeal a decision on a motion to the AAO if the original decision was appealable to the AAO. Denial of Motions to Reopen can also be appealed to the Board of Immigration Appeals (BIA) as can most underlying cases. If the BIA denies the appeal, the matter can usually be further appealed to the United States Court of Appeals for the Ninth Circuit. To determine the correct course of action, you should consult with an experienced attorney.

Is it worth the cost?

This is something only you can decide. Many cases deal with the possibility of deportation, financial ruin, company shutdown, or even separation from family. We understand that navigating immigration law can be scary and risky; our immigration lawyers at Tsang and Associates can help you navigate the complex structure of immigration law, combining years of experience with a solution-oriented mindset, delivered with compassion and understanding. We aspire to provide the highest quality of work, while maintaining reasonable fees. The decision is up to you, and we are happy to discuss a proposal with you.

SCHEDULE A SESSION

Call or email us to set up your 1-hour consultation. Easily pay the $250 consultation fee over the phone or through our email link. If you would like to have a quick chat with our team before setting up the consultation, feel free to use the calendar on the right to book your 10 minute call.