What Is Form I-290B Used For?
The Form I-290B is used to file an appeal with the administrative appeals office. The administrative appeals office is the part of USCIS which conducts administrative review of any USCIS officer’s decision regarding immigration benefits requested by applicants in order to promote consistency and accuracy in the interpretation of immigration law and immigration policy.
This can also be used as a motion to appeal the decision of the USCIS office that issued the latest decision on your case. This can include: the field office, the service center, the administrative appeals office, etc.
You may get a decision from USCIS that your case was denied. In this situation, you have the option to file an appeal requesting that the administrative appeals office will look at the decision.
There are many reasons why you may choose to appeal the decision of a USCIS office when denied. Some of these reasons may include:
- You feel that the USCIS officer misinterpreted the law.
- You believe that the denial was due to a mistake on the part of the USCIS office.
- You were denied for not responding to the office in a timely manner, but you have evidence that you responded through tracking numbers, certified mail, etc.
- You were denied for not including requested evidence, but you have proof that you did provide the USCIS with requested documents in a timely manner.
How Long Does An I-290B Appeal Take?
Once your filed appeal is received by USCIS, it takes (on average) 60 to 90 days to receive a response or decision. This 60 to 90-day period is an especially rough estimate due to complications from COVID-19. At the present moment, it is not uncommon for responses to take longer than normal because of staff shortages.
There are a great number of cases coming into USCIS offices and a great lack of individuals available to process those cases. So, while 60 to 90 days is the average response time, do expect it to take long due to the circumstances we’re under right now.
Could I Appeal A Green Card Application Denial Without An Immigration Attorney?
Any person is legally permitted to appeal a green card application without an immigration attorney. When USCIS issues a decision notice, they give an applicant instructions on how to file an appeal. However, immigration attorneys (who are expertly acquainted with cases of this nature and the laws that govern them) do advise against filing these appeals on your own.
Appealing on your own can be a dangerous decision, as you may run into the same issues that resulted in the denial of your initial application. You might fill out the form incorrectly, which could result in rejection or denial. Additionally, it can be difficult to distinguish where it is that you need to file your appeal. In many cases, the specific address and location to which the appeals need to be sent changes.
Among a host of other reasons, speaking with an immigration attorney about your appeal is the best way to ensure that you have everything properly secured, and that you will be able to receive the most accurate response from USCIS to your appeal.
What Happens After The I-290B Is Approved?
If a filed I-290B is approved, your case will pick up where it left off. In the case that you initiated an I-290B before a green card interview was scheduled for you and the I-290B was approved, you should expect to receive an interview notice soon.
Sometimes, when you are issued a decision notice that your green card application has been rejected, the work permit that you applied for and the travel permit that was approved before your interview can be suspended. In this case, when your I-290B is approved, your work permit and travel permit will be reinstated and become effective again.
Speaking to an immigration attorney can be helpful if you have questions about what your immigration status is, and what steps to take when filing and receiving notice in regards to your 1-290B.
What Happens If My I-290B Is Denied?
If an I-290B is denied, you are permitted to challenge the denial in federal district court. Under the law, an I-290B denial means that you have exhausted all administrative remedies. This means that you have gone through all the administrative channels within the USCIS in an attempt to have your case approved. Because you have no other means to have your case approved within the USCIS, you are able to challenge their decision in a federal district court.
While this may be a useful option for you, it is important to note that filing a challenge in federal district court is significantly more costly than any administrative appeals office.
For more information on Immigration Law, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 532-5666 today.