Motions must contain the required filing fee or a fee waiver request. The correct filing address for a motion is listed at Any motions mailed to the AAO will be returned, will not be considered filed, and will not retain a filing date. The regulations provide no corresponding discretion to excuse an untimely motion to reconsider.ĭo not mail motions directly to the AAO. The AAO may excuse the failure to timely file a motion to reopen if the appellant demonstrates that the delay was reasonable and was beyond his or her control. See Chapter 3.7(c) for more information about calculating time periods. Form I-290B and the instructions for completing the form are available at On Form I-290B, appellants must select whether they are submitting a motion to reopen, a motion to reconsider, or a combined motion to reopen and motion to reconsider.Īppellants must file a motion within 30 days of the unfavorable decision (or 33 days if the decision is mailed).
(b) Form I-290B, Notice of Appeal or MotionĪppellants must file a motion on Form I-290B, Notice of Appeal or Motion. See Chapter 3.7(a) for more information about persons or entities with standing in a proceeding. In general, the beneficiary of a petition is not a party to the proceeding and does not have standing to file a motion. Only persons or entities with legal standing in the proceeding (or their representative of record) may file a motion. However, USCIS may reopen or reconsider its prior decision on its own motion. USCIS decisions pertaining to benefit requests under section 245 of the Immigration and Nationality Act (the Act) (Legalization), section 210 of the Act (Special Agricultural Workers), and the Legal Immigration Family Equity Act legalization provisions are not subject to further review through the filing of a motion. (c) Legalization, Special Agricultural Workers, and the Legal Immigration Family Equity Act Legalization Provisions
The AAO incorrectly sent the request for additional information or appearance to the wrong address of record.įor more information on the dismissal of an appeal due to abandonment, see Chapter 3.14(b). The appellant submitted the required initial evidence or additional information to the AAO before the deadline or. The requested evidence was not material to the decision. For more information about rejections of appeals, see Chapter 3.14(d).Ī motion to reopen an appeal that the AAO dismissed due to abandonment must establish that the decision was in error because: When the AAO rejects an appeal, the appeal does not retain a filing date and there is no merits-based decision for the AAO to review. The AAO will deny a motion to reopen or reconsider its rejection of an appeal. The AAO will consider each motion independently. The AAO may grant both motions, grant one motion but deny the other, or deny both motions.Ĥ.5 Limitations on the Ability to File a Motion The AAO will not consider new facts or evidence in a motion to reconsider.Ī motion to reconsider must be supported by a pertinent precedent or adopted decision, statutory or regulatory provision, or statement of USCIS or Department of Homeland Security policy. Citing to an authority that is not relevant to the issues raised on motion will not meet the eligibility requirements of a motion to reconsider.Ĥ.4 Combined Motions to Reopen and ReconsiderĪppellants may file a combined motion to reopen and reconsider. See Chapter 3.8(b) for more information about requirements for documentary evidence.Ī motion to reconsider must establish that the AAO based its decision on an incorrect application of law or policy, and that the decision was incorrect based on the evidence in the record of proceedings at the time of the decision. Resubmitting previously provided evidence or reasserting previously stated facts will not meet the requirements of a motion to reopen. § 103.5.Ī motion to reopen must state new facts and be supported by documentary evidence. The regulations for motions to reopen and motions to reconsider are located at 8 C.F.R. Alternatively, a motion to reconsider is based on a claim of incorrect application of law or policy to the prior decision. Citizenship and Immigration Services (USCIS) field office has jurisdiction over motions relating to its decisions, and the AAO has jurisdiction over motions relating to its decisions.Ī motion to reopen is based on documentary evidence of new facts. Unlike appeals, which ask a different authority to review and reverse a decision, motions request a review by the authority that issued the latest decision in the proceeding. The AAO may also reopen a proceeding or reconsider one of its prior decisions on its own motion. If the Administrative Appeals Office (AAO) issues an unfavorable decision, the appellant may file a motion to reopen the proceeding, a motion to reconsider the decision, or a combined motion to reopen and reconsider. 4.1 Motions to Reopen and Reconsider Generally
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