A motion to reopen asks USCIS to reevaluate its decision based on new evidence or changed circumstances.
In general, a USCIS I-290B motion to reopen is filed after an immigrant has lost his case, but new facts and information emerge.
This evidence may enable an immigrant to seek relief which did not exist at the time of the unfavorable decision against him.
Such motions are most prevalent in decisions affecting permanent residence applications, including marriage green card denials.
Here are some key points to keep in mind:
- USCIS motions to reopen adverse denials by the U.S. Citizenship and Immigration Services are filed by filing Form I-290B.
- I-290B motions are filed at the same USCIS office where the negative decision was issued.
- Usually, motions to reopen must be filed within 30 days of the government’s denial.
- A motion to reopen must state new facts and be supported by relevant evidence, previously unknown, unavailable, or unobtainable, demonstrating your eligibility at the time you filed the underlying application or petition.
- In addition, do not confuse motions to reopen with motions to reconsider, which are post-decision challenges based on legal grounds.
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