Notice of Appeal or Motion: Legal Aid for I-290B Process

Form I-290B is used when an appeal or motion has been filed following an adverse decision made by any immigration court or immigration authority which cannot be appealed to the Bureau of Immigration Appeals (BIA). There are varying timelines by which an immigration appeal must be filed depending on how the adverse order was issued.  Form I-290B must be filed within 30 days of the date of service of the order on appeal.  If the order was mailed, it must be filed within 33 days of issuance.  If the order relates to a revocation of an application petition, Form I-190B must be filed within 15 days of service, or 18 days if received by mail.

Basics of an Immigration Appeal or Motion

• Only petitioners or their representatives may file an appeal or motion; beneficiaries may not.
• An appeal or motion can be dismissed if the application is not complete
• You may be represented by an attorney at your own expense or through a volunteer lawyer organization.  The U.S. government will not provide you with an attorney.
• You may request oral arguments which would take place in Washington D.C., but you will have to provide a sufficient reason as to why oral arguments are necessary and written arguments are not enough.
• Any document written in a foreign language must be translated into English and must be accompanied by a translator’s certificate that the translator is competent in both languages.
• You do not have to submit a brief, but you can.

Getting a lawyer for an Appeal or Motion

Appeals and motions are complicated legal matters which are best handled by experienced immigration attorneys.  You can represent yourself in an appeal or a motion, but the odds of winning an appeal or motion are not very good—with or without an attorney’s help.  If you are appealing a decision or asking for a motion to reconsider an opinion, it is because there has already been a finding that your petition should be denied.  In order to refute that finding, you will need all the help you can get.  The U.S. government will not provide you with an attorney, so you will need to find an attorney on your own.  If you cannot afford an attorney, you should contact the state bar association for the state in which you reside and ask for a referral to a free lawyer service for immigration matters.