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FORM I290B – MOTION TO REOPEN

Depending on your case type, Form I-290B, Notice of Appeal or Motion can be used to file a Motion to Reopen with USCIS. A Motion to Reopen presents new facts, evidence, or a change in law or policy that demonstrates the adverse decision was incorrect. While a Motion to Reconsider is based on the evidence present when the case was originally filed, a Motion to Reopen examines newly presented evidence relevant to the case.

A perfect example of when you would file a Motion to Reopen is if USCIS denies your N-400 application stating you did not register for selective service, but you did.

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LEGAL FEE

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 I-290B Motion to Reopen.

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

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CASE PROCESSING OVERVIEW

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

This is the most crucial step for your entire I-290B Motion to Reopen. 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 Reopen

Our attorneys will craft your Motion to Reopen 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.

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SAMPLE & TEMPLATES

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

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

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

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

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

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

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

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

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

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FREQUENTLY ASKED QUESTIONS

What are “new facts” for Motion to Reopen?

A Motion to Reopen requires new facts, which can consist of affidavits or other documentation that demonstrates eligibility for the required immigration benefit. New facts entail information or changed factual circumstances that were not considered and could not have been presented in the initial proceeding.

Can I file a Motion to Reopen a petition that was denied to due to failure to respond to request of evidence?

Yes, in some cases you may be able to file a Motion to Reopen only if you can demonstrate that the requested evidence was not material, the required initial evidence was submitted with the original application, the request for additional evidence was complied with during the given period, or the request for evidence was not sent to the address on record.

How much time do I have to file a Motion?

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?

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.

How long will it take to get an answer on my Motion?

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 a 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 Form I-290B. 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 Reopen? Is this worth doing?

The chances of successfully reversing the adverse decision with I-290B 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 Reopen?

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 Reopen 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 only 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. And 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 speak with an 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.

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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.

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