Challenging a USCIS Denial
If USCIS denies your application (such as an I-140, I-360 VAWA petition, or I-601 waiver), you may have the right to challenge that decision. Unlike court cases, which go to the BIA, most USCIS denials are challenged by filing a motion or an appeal with the Administrative Appeals Office (AAO).
Definitions
- Motion to Reopen (MTR): Asks the same USCIS office to re-open the case based on new facts or evidence that was not available at the time of the decision.
- Motion to Reconsider (MTC): Argues that the USCIS officer made a legal or policy error based on the evidence already in the record.
- Appeal (AAO): Asks a higher, independent body—the AAO—to review the denial. The AAO reviews legal errors de novo (freshly) and factual findings for clear error.
Deadlines & Limits
- Filing Form: You must file Form I-290B, Notice of Appeal or Motion.
- 30-Day Deadline: The I-290B must be received by USCIS within 30 calendar days of the decision (or 33 days if the denial was mailed). This is a strict deadline.
- One Motion: Generally, you may only file one motion.
2024-25 Policy Updates - I-290B Fee Hike: The July 2025 “One Big Beautiful Bill Act” increased the filing fee for Form I-290B to $850 (up from $675).
- AAO Digital Portal (Feb 2025): The AAO now accepts all legal briefs and supplemental evidence through its new digital portal, which has slightly reduced processing times for well-prepared appeals.
Evidence Checklist
- For a Motion to Reopen: New evidence (e.g., a new financial document, a corrected police certificate, a new medical report) and a legal brief explaining why it’s new.
- For a Motion to Reconsider: No new evidence. You must submit a strong legal brief with citations to law, regulations, and prior AAO decisions proving the officer erred.
- For an Appeal: A comprehensive legal brief outlining all factual and legal errors in the denial.
Risks & Practical Tips
- No “Stay” of Removal: Filing an I-290B with USCIS does not stop you from accruing unlawful presence and does not protect you from deportation if you are out of status.
- “Frivolous” Filings: Filing a weak motion just to buy time is a bad strategy. It costs money and will be denied, often preventing you from filing a new, stronger case.
- Get the Denial Notice: We must review the full denial notice to see if the officer’s decision was legally sound or flawed.
Next Steps
Bring us your denial notice immediately. We have only 30 days to analyze the error, gather new evidence (if applicable), and file a powerful motion or appeal to save your case.
Last updated October 2025. Regulations and fees change frequently—contact us for a personalized assessment.
This information is for educational purposes only and does not constitute legal advice.