USCIS denied your immigration case — does that mean the case is over?
- Not always.
- In some cases, you can ask USCIS to reopen the case and look at it again.
What is a Motion to Reopen?
- You are telling USCIS: There are new facts or evidence that could change the decision.
- You are asking USCIS to reopen the same case instead of simply accepting the denial.
- The new facts must be supported by documents, affidavits, or other evidence.
Motion to Reopen vs. Motion to Reconsider
- Reopen = new facts or new evidence.
- Reconsider = USCIS made a mistake in applying the law or its own policy.
- Sometimes an attorney may file both together.
What are some situations where a Motion to Reopen may make sense?
- USCIS did not have important evidence when it made the decision.
- USCIS misunderstood or overlooked evidence.
- An RFE or other important notice was not properly received.
- New documents can directly address the reason USCIS denied the case.
- There was a procedural problem that affected the decision.
- But simply sending the same documents again usually is not enough.
The deadline is extremely important.
- In most USCIS cases, the deadline is 30 calendar days from service of the denial.
- If USCIS mailed the decision, you generally have 33 calendar days from the date USCIS mailed it.
- USCIS looks at when the filing is received, not simply when you put it in the mail.
- Always read the denial notice because it tells you your specific deadline and your options.
What if you already missed the deadline?
- Do not automatically assume there is nothing you can do.
- USCIS can excuse a late Motion to Reopen in some circumstances if the delay was reasonable and beyond your control.
- But you need a strong explanation and evidence.
How do you file it?
- Many USCIS motions are filed using Form I-290B, Notice of Appeal or Motion.
- But not every type of USCIS case uses I-290B.
- Look at the denial notice before filing anything.
You need to attack the actual reason for the denial.
- If USCIS gave you three reasons for denying the case, your motion should address those reasons.
- Sending hundreds of pages of unrelated evidence does not make the motion stronger.
- The goal is to show USCIS: Here is why the denial should change.
Very important: filing a Motion to Reopen does NOT automatically erase the denial.
- The original decision generally remains in effect while USCIS considers the motion.
- Filing the motion does not automatically stop immigration consequences of the denial.
A Motion to Reopen is not always the best strategy.
- Sometimes it is better to file a new application.
- Sometimes you should appeal.
- Sometimes you should file a Motion to Reconsider.
- And sometimes a denial can create a risk of being placed into removal proceedings, so strategy matters.
The biggest mistake:
- Filing an I-290B simply because you are unhappy with the denial.
- A successful motion needs a legal and factual reason why USCIS should change its decision.
Bottom line for immigrants:
- If you receive a USCIS denial, do not ignore it and do not wait.
- Look immediately at:
  - Why was the case denied?
  - What is the deadline?
  - Can the problem actually be fixed?
  - Is reopening, reconsideration, appeal, or refiling the best option?
- Talk to an immigration attorney quickly because these deadlines are short.