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Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

Receiving a denial from U.S. Citizenship and Immigration Services (USCIS) can feel final, but in some cases, you may be able to ask the agency to review its decision.

Form I-290B, Notice of Appeal or Motion, is used for certain immigration decisions to file an appeal or a motion to reopen or reconsider. The available option depends on the type of decision and the case circumstances.

For individuals and families in Chicago and throughout Illinois, understanding the difference between reopening and reconsideration is an important first step after receiving an unfavorable USCIS decision.

What Is a Motion to Reopen?

A motion to reopen asks USCIS to review a case because there are new facts that were not previously considered.

The motion generally must state the new facts and include documentary evidence supporting them. This may be appropriate when relevant information has become available that could affect the outcome of the case.

For example, an applicant may have received new documentation after USCIS issued its decision, or may have evidence necessary to establish eligibility that was not included in the original record.

Simply resubmitting the same information is generally not enough. A motion to reopen should identify what is new and explain why that evidence matters.

Motion to Reconsider

What Is a Motion to Reconsider?

A motion to reconsider takes a different approach. Rather than introducing new facts, it argues that USCIS incorrectly applied the law or immigration policy when deciding the case.

The motion must explain why the decision was incorrect based on the record that existed when USCIS made its determination. Relevant statutes, regulations, precedent decisions, or agency policy should support it.

This option may be appropriate when the facts were already before USCIS, but the applicant believes the agency reached the wrong legal conclusion.

Which Option Applies After a USCIS Denial?

The denial notice is the starting point. It should explain whether the decision may be appealed or whether you can file a motion, along with the applicable filing deadline.

The appropriate response depends on why USCIS denied the application or petition.

If important new evidence can address the issue USCIS identified, a motion to reopen may be appropriate. If the argument is that USCIS made a legal or policy error based on evidence already in the record, a motion to reconsider may be the better approach. In some cases, a party may seek both reopening and reconsideration.

Not every USCIS denial can be challenged through Form I-290B, so reviewing the decision carefully is essential.

Deadlines Can Be Critical

Form I-290B is generally subject to strict filing deadlines. The applicable deadline varies depending on the type of action requested and the decision involved.

Waiting to review the denial can limit your options. Applicants should review the notice promptly, identify the reason USCIS gave for the decision, and determine what evidence or legal arguments may support a challenge.

It is also important to recognize that filing Form I-290B does not automatically delay the effect of the underlying decision.

Speak With a Chicago Immigration Attorney After a Denial

A USCIS denial does not necessarily mean there is no path forward. Determining the appropriate response requires understanding why the case was denied and whether the record supports reopening, reconsideration, another available challenge, or a different immigration strategy.

At Kasturi Law, immigration attorney Shobhana Kasturi assists individuals and families in Chicago and throughout Illinois with complex immigration matters, including evaluating options after unfavorable USCIS decisions.

Consultations are available in person, by phone, or via Zoom in either 30-minute or 60-minute timeframes. Contact Kasturi Law today to discuss your USCIS decision and the options that may be available in your case.