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How to Use Form I-290B
Form I-290B can be used to file a formal appeal to allow a person who has been ordered to be deported from the country to present information and an explanation that could help them get the order for deportation retracted. Read on to find out more about Form I-290B.
What Is an Appeal?
An appeal provides an opportunity to let the person being deported convince the BIA (Board of Immigration Appeals) that the previous immigration judge’s decision was incorrect and thus, allow them to continue to stay in the country.
An appeal consists of a review process by the Administrative Appeals Office (AAO).
An appeal can only be filed within a 30-day time limit from the date of the immigration judge’s decision. Once the time limit has expired, an appeal cannot be made.
What Is Form I-290B?
The legal document that needs to be submitted when filing an appeal or motion because of a visitor program denial or for any deportation order is known as Form I-290B.
It is mandatory to complete this form and submit it for each appeal or motion.
Who Needs to Complete Form I-290B?
The form to make an appeal can be completed by the person trying to file the appeal or by their agency, which could be a school that offers the exchange program or an attorney who helps the person with their legal proceedings. In the case of an employment petition denial, the employer can also file the appeal.
Any petitioner or representative can file an appeal if they believe they have valid proof and reasons to overturn the judge’s decision. A beneficiary may not file an appeal.
How to Complete Form I-290B?
Form I-290B can be completed through the online portal Pay.gov. The form should be filed within 30 days of the order or within 33 days if the order has been issued through the mail. Instructions on where to send the appeal will be given on the denial notice itself.
Visit the Pay.gov site and search for Form I-290B. Click continue on the found search entry and begin the five-step payment process.
Where to File Form I-290B?
Once you complete the payment, you must submit Form I-290B, the proof of payment, and any supporting evidence with your appeal brief to the AAO. You can either mail them as detailed in the instructions of your denial notice or send an email to [email protected].
How Much Does an I-290B Appeal Cost?
Each Form I-290B has a $675 filing fee. You need to make the payment via the Pay.gov website. Payments can be made through a bank account (ACH), Amazon account, PayPal account or using debit or credit cards.
Form I-290B Frequently Asked Questions
Form I-290B helps you appeal the denial of any of your immigration petitions or applications. You could be a student applying for a student exchange program, an employee at a company applying for a work visa, anyone trying to visit the country but being denied, or ordered to be deported by an immigration judge. If you feel you have enough reason and proof to justify your stay, filing an appeal gives you the opportunity to present your explanation to the USCIS (the United States Citizenship and Immigration Services). Here are some clarifications on how you can make an appeal.
Can anyone appeal?
Anyone can make an appeal but that does not necessarily guarantee a win. Make sure you understand the reason why you were denied before filing an appeal.
Anyone representing the petitioner or the petitioner can file the appeal.
How much time do I have to appeal a USCIS or DOL decision?
Form I-290B must be filed within 30 days of a USCIS or DOL decision. If the order has been served through the mail, you can take a maximum of 33 days from the date of issuance to make an appeal.
Can an employee appeal a decision to deny an employment petition
No. An employee cannot appeal a decision made to deny an employment petition. In this case, the employee is considered a beneficiary. Only the employer or an attorney for the employer can file a petition for appeal.
Will I be provided an attorney for free if I prove I cannot afford one?
No. Only in criminal cases tried in the U.S. are the accused provided with an attorney if they cannot afford one. Immigration-related legal proceedings do not fall under these criteria. The U.S. government will not provide an attorney for immigration appeals. You will have to find an attorney at your own expense or get help through any volunteering lawyer organization.
Should I submit more evidence or a summary of my arguments for the appeal?
Yes. You should include more evidence and a summary of your arguments in your appeal. Both are necessary and helpful in validating your claims. If you have new evidence since the last order, you should include copies of the evidence or affidavits of the witnesses or experts as required.
You can also include a brief, which is a summary of all your arguments and explanations that will support your case. While it is not mandatory to include a brief, adding it to the appeal brings a higher probability of success as you get the chance to clearly explain your position to the appeals unit.
Can I request oral arguments in my I-290B appeal?
Yes. You can make a request for oral arguments but the request is rarely granted. Also, it is usually not a preferred way to make your statement as it costs a lot of time and money. Hence, you will have to provide a strong reason to support the need for oral arguments despite their expensive nature.
How long will it take to get an answer on my appeal?
It may take a year or two to any get answers to your appeals. You can find more information on the appeal processing time at USCIS.gov, which quotes an average of 180 days to answer an appeal.
Is it better to appeal or to reapply?
This decision is best made with the advice of a legal expert. In most cases, reapplying is an easier and more successful way to get your application considered. By starting a new application, you can make sure there are no mistakes with your documents and forms rather than trying to get a government agency to revert its decision. Consult your attorney to make the right decision.
Dealing with legal forms and documents can be confusing. Make sure you have valid proof and reasons to file an appeal and choose the best route that will ensure your appeal could be successful. And get the advice of an attorney before making any critical decisions.