Nationwide Immigration Appeals
AAO Appeals & USCIS Motions (Form I-290B)
Not every immigration denial comes from a judge. When U.S. Citizenship and Immigration Services denies a waiver, petition, or application, the denial notice tells you whether you can appeal to the Administrative Appeals Office (AAO) or file a motion with the office that decided the case.
Both are filed on Form I-290B, but they ask for different things, and choosing the wrong one can waste the only deadline you have.
Denials we challenge
- Waivers of inadmissibility, including extreme hardship waivers
- Employment-based and investor petitions
- Certain humanitarian applications
- Petitions where USCIS misapplied the evidentiary standard
Appeal, motion to reopen, or motion to reconsider
An appeal asks the AAO to review the decision. A motion to reopen presents new facts supported by evidence. A motion to reconsider argues the decision misapplied the law or policy based on the record at the time. We review the denial and recommend the filing that gives you the best chance.
Questions about aao appeals & uscis motions
Is an I-290B the same as an appeal to the BIA?
No. The BIA hears appeals from immigration judges and certain DHS decisions. The AAO hears appeals of many USCIS decisions. Your denial notice states which body has jurisdiction.
Should I just file a new application instead?
Sometimes refiling is better, especially if the denial was based on missing evidence you now have. We compare the cost, timing, and odds of each option.