TABLE OF CHANGES – INSTRUCTIONS Form I-290B,

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TABLE OF CHANGES – INSTRUCTIONSForm I-290B, Instructions for Notice of Appeal or MotionOMB Number: 1615-009511/25/2019Reason for Revision:Legend for Proposed Text: Black font Current text Red font ChangesExpires 05/31/2020Edition Date 5/17/2018Current Page Numberand SectionPage 1,What Is the Purpose ofForm I-290B?Current TextProposed Text[Page 1][Page 1]What Is the Purpose of Form I-290B?[no change]Form I-290B, Notice of Appeal or Motion,is primarily used to file:1. An appeal with the AdministrativeAppeals Office (AAO); or2. A motion with the U.S. Citizenship andImmigration Services (USCIS) office thatissued the latest decision in your case(including a field office, service center, orthe AAO).Please visit www.uscis.gov/i290b/jurisdiction for the immigrationbenefit types that are eligible for an appealor motion using this form.Schools may also use Form I-290B forappeals or motions regarding certaindenials of U.S. Immigration and CustomsEnforcement (ICE) Form I-17, Petition forApproval of School for Attendance byNonimmigrant Student, filed with ICE,Student and Exchange Visitor Program(SEVIS). Form I-290B may also be usedfor appeals and motions when ICEwithdraws a school’s approval forattendance by nonimmigrant students. Ifthe decision is appealable, the notice letterwill include instructions for filing an appealor motion.1Schools may also use Form I-290B forappeals or motions regarding certaindenials of Form I-17, Petition for Approvalof School for Attendance by NonimmigrantStudent, filed with the U.S. Immigrationand Customs Enforcement (ICE) Studentand Exchange Visitor Program (SEVP), orwhen SEVP withdraws its approval fornonimmigrant students to attend theschool. The notice letter from SEVP willinclude instructions for filing an appealand/or motion, if applicable.AILA Doc. No. 19120934. (Posted 12/10/19)

Page 1,Who May Not File FormI-290B?[Page 1][Page 1]Who May Not File Form I-290B?Who May Not File Form I-290B?1. If you are the beneficiary of a petitionor an attorney or accredited representativeof the beneficiary, you MAY NOT file anappeal or motion unless otherwiseinstructed by USCIS and as specificallypermitted by law. Only an applicant orpetitioner may file an appeal or motion.Similarly, an attorney or accreditedrepresentative MAY NOT file an appeal ormotion on the behalf of a beneficiary.1. If you are the beneficiary of anapplication or petition, you MAY NOT filean appeal or motion unless specificallypermitted by law. Beneficiaries of validemployment-based immigrant visa petitionswho are eligible to change jobs oremployers and who have properlyrequested to do so under the Immigrationand Nationality Act (INA) section 204(j), 8U.S.C. 1154(j), are considered affectedparties for revocation proceedings,including appeals and motions ofrevocations, relating to the immigrant visapetitions filed on their behalf. USCIS mustfirst make a favorable determinationconcerning the beneficiary’s portingeligibility in order for the beneficiary to beeligible to participate in the revocationproceeding as an affected party.2. Do not use this form to file an appealwith the Board of Immigration Appeals(BIA). The BIA has jurisdiction overappeals of Form I-130, Petition for AlienRelative, and Form I-360, Self-Petition fora Widow(er) of a U.S. Citizen. You mayfile an appeal with the BIA using FormEOIR-29, which is available at the USCISwebsite at www.uscis.gov/eoir-29 and atthe Department of Justice website .2. Do not use this form to file an appealwith the Board of Immigration Appeals(BIA). The BIA has jurisdiction overappeals of Form I-130, Petition for AlienRelative, and Form I-360, Self-Petition fora Widow(er) of a U.S. Citizen. You mayfile an appeal with the BIA using FormEOIR-29, which is available on our websiteat www.uscis.gov/eoir-29 and at theDepartment of Justice website .NOTE: Regardless of the form type beingappealed, you may not appeal discretionaryAdam Walsh Act (AWA) “no-risk”determinations to either the BIA or theAAO. Instead, you must file a motion withthe office that issued the adversediscretionary determination in order torequest an administrative review of thatdetermination.3. Do not use this form to appeal the denialof a U.S. visa application by an overseasDepartment of State consular officer (forexample, Forms DS-156, DS-156E, DS156K, DS-117, DS-157, DS-230, or DS260). For information about U.S. visaapplication denials, visit the Department of2[No change]AILA Doc. No. 19120934. (Posted 12/10/19)

State website /denials.html.4. Do not use this form for appeals ofSpecial Agricultural Worker orLegalization applications. You must filethese appeals on Form I-694, Notice ofAppeal of Decision Under Sections 245Aor 210 of the Immigration and NationalityAct. Form I-694 is available atwww.uscis.gov/i-694.Pages 1-3,General Instructions[Page 1][Page 2]General InstructionsGeneral InstructionsUSCIS provides forms free of chargethrough the USCIS website. In order toview, print, or fill out our forms, youshould use the latest version of AdobeReader, which you can download for free athttp://get.adobe.com/reader/. If you donot have Internet access, you may call theUSCIS National Customer Service Centerat 1-800-375-5283 and ask that we mail aform to you. For TTY (deaf or hard ofhearing) call: 1-800-767-1833. If you arefiling this form electronically, you mustfollow the instructions provided on theUSCIS website at www.uscis.gov/fileonline.USCIS provides forms free of chargethrough the USCIS website. In order toview, print, or fill out our forms, youshould use the latest version of AdobeReader, which you can download for free athttp://get.adobe.com/reader/. If you donot have Internet access, you may call theUSCIS Contact Center at 1-800-375-5283and ask that we mail a form to you. ForTTY (deaf or hard of hearing) call: 1-800767-1833. If you are filing this formelectronically, you must follow theinstructions provided on the USCIS websiteat www.uscis.gov/file-online.[Page 2]Timeliness. In most cases, you must fileyour appeal or motion within 30 calendardays of the date of service of the adversedecision (or within 33 calendar days if wemailed the decision to you). However, ifyou are appealing a decision to revoke theapproval of an immigrant petition under 8CFR 205.2, you must file the appeal within15 calendar days (or within 18 calendardays if we mailed the decision to you).Timeliness. If you are appealing a decisionto revoke the approval of an immigrantpetition under 8 CFR 205.2, you must filethe appeal within 15 calendar days of thedate of service of the unfavorable decision(or within 18 calendar days if we mailedthe decision to you). For all other cases,you must file your appeal or motion within30 calendar days (or within 33 calendardays if we mailed the decision to you).NOTE: If we sent you the decision bymail, the “date of service” is the date wemailed the decision, not the date youreceived it. See 8 CFR 103.8(b).Decisions are normally mailed the sameday they are issued.[no change]USCIS will reject a late-filed appeal unlessthe office that issued the adverse decisionUSCIS will reject a late appeal. However,unless you select the box in Part 2., Item3AILA Doc. No. 19120934. (Posted 12/10/19)

determines that the untimely appeal meetsthe requirements of a motion to reopen or amotion to reconsider.Number 1.b., the office that issued theunfavorable decision may determine thatthe untimely appeal meets the requirementsof a motion to reopen or a motion toreconsider and issue a separate decision.USCIS will deny a late-filed motion, exceptwe may excuse the failure to timely file amotion to reopen if we determine that thedelay was reasonable and beyond yourcontrol.USCIS will dismiss a late motion.However, we may excuse the failure totimely file a motion to reopen if youdemonstrate that the delay was bothreasonable and beyond your control.Signature. Each form must be properlysigned and filed. For all signatures on thisform, USCIS will not accept a stamped ortypewritten name in place of a signature. Ifyou are filing this form electronically,when authorized, USCIS will accept yoursignature in an electronic format. If you areunder 14 years of age, your parent or legalguardian may sign the form on your behalf.A legal guardian may also sign for amentally incompetent person.Signature. Each form must be properlysigned and filed. For all signatures on thisform, USCIS will not accept a stamped ortypewritten name in place of a signature. Ifyou are filing this form electronically,when authorized, USCIS will accept yoursignature in an electronic format. A parent,legal guardian or other individual may signon behalf of a child under the age of 14. Alegal guardian may also sign for a mentallyincompetent person. If the request is notsigned or if the requisite signature on therequest is not valid, USCIS will reject therequest. See 8 CFR 103.2(a)(7)(ii)(A).[new]NOTE: If you are a corporation or otherlegal entity, only an individual who is anofficer or employee of the entity who hasknowledge of the facts alleged in therequest, and who has authority to signdocuments on behalf of the entity, may signthe appeal or motion.Validity of Signatures. USCIS willconsider a photocopied, faxed, or scannedcopy of the original handwritten signatureacceptable for filing purposes. Thephotocopy, fax, or scan must be of theoriginal document containing thehandwritten ink signature.Filing Fee. Each form must beaccompanied by the appropriate filing fee.(See the What Is the Filing Fee section ofthese Instructions.)[no change]Evidence. At the time of filing, you mustsubmit all evidence and supportingdocumentation listed in the SpecificInstructions and/or What Evidence MustYou Submit sections of these Instructions.If you are electronically filing this form,you must follow the instructions providedEvidence. At the time of filing, you mustsubmit all evidence and supportingdocuments listed in the SpecificInstructions and/or What Evidence MustYou Submit sections of these Instructions.If you are electronically filing this form,you must follow the instructions provided4AILA Doc. No. 19120934. (Posted 12/10/19)

on the USCIS online filing website, atwww.uscis.gov/file-online.on the USCIS online filing website atwww.uscis.gov/file-online.Biometric Services Appointment. USCISmay require that you appear for aninterview or provide fingerprints,photograph, and/or signature at any time toverify your identity, obtain additionalinformation, and conduct background andsecurity checks, including a check ofcriminal history records maintained by theFederal Bureau of Investigation (FBI),before making a decision on your appeal ormotion. After USCIS receives your appealor motion and ensures it is complete, wewill inform you in writing or by emailnotice if you e-file your form, if you needto attend a biometric services appointment.If an appointment is necessary, the noticewill provide you the location of your localor designated USCIS Application SupportCenter (ASC) and the date and time of yourappointment or, if you are currentlyoverseas, instruct you to contact a U.S.Embassy, U.S. Consulate, or USCIS officeoutside the United States to set up anappointment.Biometric Services Appointment. USCISmay require that you appear for aninterview or provide biometrics(fingerprints, a photograph, and/or asignature) at any time to verify youridentity, obtain additional information, andconduct background and security checks,including a check of criminal historyrecords maintained by the Federal Bureauof Investigation (FBI), before making adecision on your appeal or motion. AfterUSCIS receives your appeal or motion andensures it is complete, we will inform youin writing or by email notice if you e-fileyour form, if you need to attend a biometricservices appointment. If an appointment isnecessary, the notice will provide you thelocation of your local or designated USCISApplication Support Center (ASC) and thedate and time of your appointment or, ifyou are currently overseas, instruct you tocontact a U.S. Embassy, U.S. Consulate, orUSCIS office outside the United States toset up an appointment.If you are required to provide biometrics, atyour appointment you must sign an oathreaffirming that:If you are required to provide biometrics, atyour appointment you must sign an oathreaffirming that:[Page 3]1. You provided or authorized allinformation in the form,1. You provided or authorized allinformation in the form,2. You reviewed and understood all of theinformation contained in, and submittedwith, your form, and2. You reviewed and understood all of theinformation contained in, and submittedwith, your form, and3. All of this information was complete,true, and correct at the time of filing.3. All of this information was complete,true, and correct at the time of filing.If you fail to attend your biometric servicesappointment, USCIS may dismiss or denyyour appeal or motion.If you fail to attend your biometric servicesappointment, USCIS may dismiss yourappeal or motion.Copies. You should submit legiblephotocopies of documents requested,unless the Instructions specifically statethat you must submit an original document.USCIS may request an original documentat the time of filing or at any time duringprocessing of an application, petition, orCopies. You should submit legiblephotocopies of documents requested, unlessthe Instructions specifically state that youmust submit an original document. USCISmay request an original document at thetime of filing or at any time during theprocessing of an application, petition, or5AILA Doc. No. 19120934. (Posted 12/10/19)

request. If USCIS requests an originaldocument from you, it will be returned toyou after USCIS determines it no longerneeds your original.request. If USCIS requests an originaldocument from you, it will be returned toyou after USCIS determines it no longerneeds the original.NOTE: If you submit original documentswhen not required or requested by USCIS,your original documents may beimmediately destroyed upon receipt.NOTE: If you submit original documentswhen not required or requested by USCIS,your original documents may beimmediately destroyed upon receipt.[Page 3]Translations. If you submit a documentwith information in a foreign language, youmust also submit a full English translation.The translator must sign a certification thatthe English language translation iscomplete and accurate, and that he or she iscompetent to translate from the foreignlanguage into English. The certificationmust include the translator’s signature.DHS recommends the certification containthe translator’s printed name and the dateand the translator’s contact information.Translations. If you submit a documentwith information in a foreign language, youmust also submit a full English translation.The translator must sign a certification thatthe English language translation iscomplete and accurate, and that he or she iscompetent to translate from the foreignlanguage into English.How to Fill Out Form I-290BHow to Fill Out Form I-290B1. Type or print legibly in black ink.1. Type or print legibly in black ink.2. If you need extra space to complete anyitem within this form, use the spaceprovided in Part 7. AdditionalInformation or attach a separate sheet ofpaper; type or print your name and AlienRegistration Number (A-Number) (if any)at the top of each sheet; indicate the PageNumber, Part Number, and ItemNumber to which your answer refers; andsign and date each sheet.2. If you need extra space to complete anyitem within this form, use the spaceprovided in Part 7. AdditionalInformation or attach a separate sheet ofpaper. Type or print your name and AlienRegistration Number (A-Number) (if any)at the top of each sheet; indicate the PageNumber, Part Number, and ItemNumber to which your answer refers; andsign and date each sheet.3. Answer all questions fully and[no change]accurately. If a question does not apply toyou (for example, if you have never beenmarried and the question asks, “Provide thename of your current spouse”), type or print“N/A,” unless otherwise directed. If youranswer to a question which requires anumeric response is zero or none (forexample, “How many children do youhave” or “How many times have youdeparted the United States”), type or print“None,” unless otherwise directed.Pages 3-5,Specific Instructions[page 3][page 3]6AILA Doc. No. 19120934. (Posted 12/10/19)

Specific InstructionsSpecific InstructionsForm I-290B is divided into Parts 1.through 7.Form I-290B is divided into Parts 1.through 7.Part 1. Information About the Applicantor PetitionerPart 1. Information About the Applicantor PetitionerItem Numbers 1.a. - 1.c. Full Name. Ifan individual applicant or petitioner isfiling this appeal or motion, provide his orher full legal name. If the applicant orpetitioner has two last names, include bothand use a hyphen (-) between the names, ifappropriate. If the applicant or petitionerhas only one name, enter the name in theFamily Name (Last Name) field.Item Numbers 1.a. - 1.c. Full Name. Ifyou are filing this appeal or motion as anindividual, provide your full legal name. Ifyou have two last names, include both anduse a hyphen (-) between the names, ifappropriate. If you have only one name,enter the name in the Family Name (LastName) field. Do not complete this item ifa business or organization is filing thisappeal or motion.[new]Item Number 2. Date of Birth. If you arefiling this appeal or motion as anindividual, provide your date of birth. Donot complete this item if a business ororganization is filing this appeal ormotion.Item Number 2. Business orOrganization Name (if applicable). If abusiness or organization is filing this appealor motion, provide its complete name,without abbreviations.Item Number 3. Business orOrganization Name (if applicable). If abusiness or organization is filing this appealor motion, provide its complete name,without abbreviations.Item Number 3. Alien RegistrationNumber (A-Number, if applicable). Thisis the USCIS (or former Immigration andNaturalization Service (INS)) file number.It begins with an "A" and can be found on aPermanent Resident Card or oncorrespondence from the Department ofHomeland Security (DHS) or USCIS. Ifthe applicant or petitioner does not have anA-Number, leave this blank.Item Number 4. Alien RegistrationNumber (A-Number, if applicable). Thisis the USCIS (or former Immigration andNaturalization Service (INS)) file number.It begins with an "A" and can be found on aPermanent Resident Card (commonlycalled a Green Card) or on correspondencefrom the Department of Homeland Security(DHS) or USCIS. If you do not have an ANumber, leave this blank.[Page 4]Item Number 4. USCIS Online AccountNumber (if any). If the applicant orpetitioner has previously filed anapplication, petition, or request using theUSCIS online filing system (previouslycalled USCIS Electronic ImmigrationSystem (USCIS ELIS)), provide the USCISOnline Account Number you were issuedby the system. You can find your USCISOnline Account Number by logging in to7Item Number 5. USCIS Online AccountNumber (if any). If the applicant orpetitioner has previously filed anapplication, petition, or request using theUSCIS online filing system (previouslycalled USCIS Electronic ImmigrationSystem (USCIS ELIS)), provide the USCISOnline Account Number issued by thesystem. You can find your USCIS OnlineAccount Number by logging in to yourAILA Doc. No. 19120934. (Posted 12/10/19)

your account and going to the profile page.If you previously filed certain applications,petitions, or requests on a paper form at aUSCIS Lockbox facility, you may havereceived a USCIS Online Account AccessNotice issuing you a USCIS OnlineAccount Number. If you received such anotice, your USCIS Online AccountNumber can be found at the top of thenotice. If you were issued

representative MAY NOT file an appeal or motion on the behalf of a beneficiary. 2. Do not use this form to file an appeal with the Board of Immigration Appeals (BIA). The BIA has jurisdiction over appeals of Form I-130, Petition for Alien Relative, and Form I-360, Self-Petition for a Widow(er) of a U.S. Citi

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