An I-290B Motion to Reopen or Reconsider is a formal request asking the same USCIS office that denied an I-130 petition under INA 204(c) to review and correct its own decision. A Motion to Reopen introduces new, previously unavailable evidence. A Motion to Reconsider argues that the denial was legally incorrect based on the evidence already in the record. Both can be filed simultaneously as a combined motion.

A Motion to Reopen introduces new, material evidence that was not available at the time of the original adjudication, was not considered by USCIS, or clarifies or corrects the record underlying the 204(c) finding. A Motion to Reconsider argues that the denial was legally incorrect when issued — based on the evidence USCIS already had — and must identify specific factual or legal errors with citations to controlling statutes, regulations, or BIA precedent. Many 204(c) cases benefit from a combined motion doing both.

No. Filing an I-290B does not toll or pause the 30-day EOIR-29 BIA appeal deadline. Both clocks run simultaneously from the date of the denial. Waiting for the I-290B decision before filing the EOIR-29 permanently forfeits the BIA appeal. In many 204(c) cases, both the I-290B and the EOIR-29 must be filed simultaneously to preserve all available options.

Form I-290B must generally be filed within 30 days of the denial date — or 33 days if the denial was served by mail. Late motions are rejected and the denial becomes final. The deadline begins from the date on the denial, not the date it is received. Because the EOIR-29 BIA appeal deadline also runs simultaneously, both filings must be assessed and planned immediately upon receipt of the denial.

Under INA 204(c), Matter of Bark, 20 I&N Dec. 229 (BIA 1990), and Matter of Tawfik, 20 I&N Dec. 166 (BIA 1990), USCIS must have substantial and probative evidence — objective, contradictory facts documented in the alien's file — that the prior marriage was entered into for the purpose of evading the immigration laws. Officer impressions, cultural assumptions, minor inconsistencies, and subjective interpretations do not meet this standard. A Motion to Reconsider identifies every denial finding that falls short of it.

The current government filing fee for Form I-290B is $800. This does not include the legal fees required to research the controlling BIA precedent and draft the substantive motion brief — which is where the outcome of a 204(c) motion is determined.

USCIS policy provides a 90-day processing target for I-290B motions. However, in complex INA 204(c) fraud cases, adjudication can take 6 months or longer. This extended processing time is one reason why filing a simultaneous EOIR-29 BIA appeal is often critical — the BIA appeal window does not wait for the motion decision.

Technically yes — but in a 204(c) case, doing so without an attorney is highly inadvisable. A 204(c) finding is a permanent bar. Reversing it through an I-290B requires citing binding BIA precedent, identifying the specific legal standard USCIS failed to meet, and structuring a formal legal argument that demonstrates the evidentiary and legal failures in the denial record. The form is administrative — the brief is the case.

An I-290B Motion asks the same USCIS office that issued the denial to review and correct its own decision — either by reopening the case with new evidence or reconsidering based on legal error. An EOIR-29 appeal routes the case to the Board of Immigration Appeals, a separate entity under the Department of Justice, for independent review. Each serves a different legal purpose and both may be needed simultaneously. Filing an I-290B does not substitute for an EOIR-29 and does not toll the EOIR-29 deadline.

No. A new I-130 does not cure the 204(c) bar. The bar attaches to the beneficiary and applies to every future petition until it is legally overturned through the I-290B motion, EOIR-29 appeal, or federal court review. A new petition filed while the bar stands will be denied for the same reason — regardless of how well-documented the current marriage is.

No. Filing an I-290B does not grant lawful status, pause removal proceedings, restore an expired EAD, or change the applicant's immigration status in any way. The denial remains in effect while the motion is pending. If an I-485 was denied alongside the I-130, removal proceedings may be initiated regardless of a pending I-290B motion.

The controlling precedents are Matter of Bark, 20 I&N Dec. 229 (BIA 1990) — substantial and probative evidence required; Matter of Tawfik, 20 I&N Dec. 166 (BIA 1990) — objective contradictory facts must be documented; Matter of P. Singh, 27 I&N Dec. 598 (BIA 2019) — subjective assessments insufficient; Matter of McKee, 17 I&N Dec. 332 (BIA 1980) — inception standard, post-marriage conduct irrelevant; Matter of Kahy, 19 I&N Dec. 803 (BIA 1988) — attempted marriage fraud triggers the bar; and Matter of Pak, 14 I&N Dec. 384 (BIA 1973) — prior petition history must meet the evidentiary standard.

A combined motion is appropriate when the denial contains both legal errors — misapplication of the substantial and probative evidence standard — and new evidence exists that was not available at the time of the original adjudication. The combined motion addresses both the legal and evidentiary failures simultaneously, forcing USCIS to confront both dimensions of its deficient denial in a single filing.

If the local USCIS office denies the I-290B motion, the denial of the I-130 becomes final at the local level. If an EOIR-29 BIA appeal was simultaneously filed within the 30-day window, that appeal continues at the BIA independently of the motion outcome. If the EOIR-29 was not filed within 30 days, the BIA appeal right is permanently forfeited. Federal district court APA review under 5 U.S.C. 706 may then be the next available avenue.

The I-290B process applies to denials of pending petitions. For Notices of Intent to Revoke (NOIR) on already-approved petitions, the procedural framework is different — the NOIR response itself is the primary vehicle, and the revocation appeal window to the BIA is only 15 days after a final revocation. The I-290B may also be available after a final revocation in certain circumstances, but the NOIR defense is the primary vehicle.

Loblack Strategy begins by analyzing the denial record against the controlling legal standard — identifying every finding that falls short of the substantial and probative evidence threshold before drafting the motion. The brief cites binding BIA precedent to each specific denial finding, not generically. The motion is structured for the local USCIS level and simultaneously preserves arguments for the BIA and federal court. The dual I-290B and EOIR-29 deadline is tracked and both are filed simultaneously where warranted.

USCIS Policy Alert 2025-23, effective October 17, 2025, escalated fraud scrutiny across all marriage-based petition stages — and with it, the frequency of 204(c) findings that may not meet the substantial and probative evidence standard. In the current environment, more I-290B motions are being filed on legally defective 204(c) denials, and the quality of the motion brief — its precision in identifying the specific legal failures in the denial record — is more determinative than ever.