What is a sua sponte motion to reopen?
Title 8 C.F.R. § 1003.23 governs the reopening of immigration proceedings before an immigration judge (“IJ”). Section 1003.23(b)(1) allows the IJ to reopen a case on his or her own motion—what is known as sua sponte reopening—or pursuant to a motion to reopen filed by either party.
How do you reopen an immigration case?
A motion to reopen is a request to the office that issued the unfavorable decision to review its decision based on new facts. The motion must state new facts and be supported by affidavits or other documentary evidence demonstrating your eligibility at the time you filed the underlying application or petition.
What happens when USCIS reopen your case?
If your case is reopened, then you will receive a notice from the Immigration Court which has control over the case. The notice will inform you of the time and place of your next hearing in reopened proceedings. You will then be able to fight your case in front of an immigration judge in reopened proceedings.
How do I file a motion to reopen with Uscis?
Appellants must file a motion on Form I-290B, Notice of Appeal or Motion. Form I-290B and the instructions for completing the form are available at www.uscis.gov/i-290b.
What happens when case was reopened for reconsideration?
If your case is reopened, then it will return to ‘pending,’ and USCIS will issue a ‘new’ decision on the new evidence and facts. In filing a Motion to Reconsider you do not submit new evidence or present new facts. Instead, you argue why you think the original decision was decided incorrectly.
What if I-290B is denied?
The appeal is filed on Form I-290B with the USCIS service center which initially denied the case. If the denial is overcome, the USCIS service center will make a motion to reopen the case and approve it. Alternatively, if the denial is not overcome, the case is forwarded to the AAO.
What is a form I-290B?
Form I-290B, Notice of Appeal or Motion, is primarily used to file: 1. An appeal with the Administrative Appeals Office (AAO); or. 2. A motion with the U.S. Citizenship and Immigration Services (USCIS) office that issued the latest decision in your case (including a field office, service center, or the AAO).
What is form I-290B used for?
Use this form to file: An appeal with the Administrative Appeals Office (AAO); A motion with the USCIS office that issued the latest decision in your case (including a field office, service center, or the AAO); or.
What happens if i290b is approved?
It means that congratulations are in order and the need to talk to the attorney who handled the appeal has become obvious.
How much does form I-290B cost?
The filing fee for Form I-290B is $675. No fee is required if you are filing Form I-290B to appeal a denial of a petition for a special immigrant visa by an Iraqi or Afghan national who worked for or on behalf of the U.S. Government in Iraq or Afghanistan.
Can you file form I-290B online?
If you do not have Internet access, you may call the USCIS National Customer Service Center at 1-800-375-5283 and ask that we mail a form to you. If you are filing this form electronically, you must follow the instructions provided on the USCIS website at www.uscis.gov/file-online.