The chances of getting an I-290B (Motion to Reopen or Motion to Reconsider) approved are generally very slim. This is a challenging process designed for specific circumstances where a USCIS decision might have been made in error or where new, material evidence has become available.
Understanding the I-290B Process
An I-290B is a formal request made to U.S. Citizenship and Immigration Services (USCIS) to reconsider or reopen a previously denied petition or appeal. It's not a standard appeal but rather a specific legal mechanism with strict requirements:
- Motion to Reopen: Based on new facts and evidence that were not available at the time of the original decision. This evidence must be material and directly impact the outcome.
- Motion to Reconsider: Based on an argument that the original decision was made on an incorrect application of law or policy. It usually relies on the existing record.
The I-290B process can be very long, potentially taking up to two years for a decision to be reached.
Factors Influencing Approval Chances
While the overall chances are low, certain factors can significantly influence the likelihood of approval:
- USCIS Error: Your chances of approval are considerably higher if you can definitively demonstrate that USCIS denied your original petition (e.g., an H1B) in error. This means proving a mistake in legal interpretation or a factual misjudgment on their part.
- Substantial Evidence: To succeed, you must present substantial new evidence for a Motion to Reopen or a compelling legal argument for a Motion to Reconsider. This evidence must be highly relevant and directly address the reasons for the original denial.
- "Extreme Case" Presentation: Your legal representative must be able to present an "extreme case," illustrating a clear error or a compelling reason for reconsideration that goes beyond simply disagreeing with the initial decision. This requires meticulous preparation and a deep understanding of immigration law.
- Legal Representation: Given the complexity and high bar for approval, engaging an experienced immigration attorney is crucial. They can help identify errors, compile substantial evidence, and present your case effectively.
Key Considerations for Filing an I-290B
Filing an I-290B is a serious undertaking that requires careful consideration. Here are essential points to keep in mind:
- Strict Deadlines: There are specific deadlines for filing an I-290B, typically within 30 days of the unfavorable decision (or 15 days for certain decisions).
- Focus on Error or New Evidence: It's not enough to simply disagree with the initial decision. You must either present new, material evidence that was unavailable previously or demonstrate a clear legal or factual error by USCIS.
- High Burden of Proof: The burden of proof rests entirely on the applicant to show why the original decision should be changed.
- Cost and Time: Be prepared for significant legal fees and a lengthy waiting period, as decisions can take many months to over a year.
Summary of I-290B Approval Chances
The table below summarizes the key aspects of I-290B approval chances:
| Aspect | Description |
|---|---|
| General Approval Chances | Very slim. These petitions are inherently challenging and are not granted lightly. |
| Increased Chances | High if you can clearly and definitively demonstrate that USCIS made an error in their original denial. This is the strongest basis for approval. |
| Required Evidence | Substantial evidence (for Motion to Reopen) or a robust legal argument (for Motion to Reconsider) that proves a USCIS error or presents new, material facts. Simply disagreeing with the decision is insufficient. |
| Process Duration | Can be very long, potentially taking up to two years or more for a final decision. |
| Legal Representation | Highly recommended to navigate the complex requirements and present an "extreme case" effectively, maximizing the slim chances of success. |
In conclusion, while the overall chances of I-290B approval are low, they improve significantly if you have compelling evidence to prove that USCIS made an error in their initial decision and if your case is meticulously prepared and presented.
