Notice of Appeal to the Administrative Appeals Office (AAO)

[I-290B, Notice of Appeal to the Administrative Appeals Office (AAO)]

IMPORTANT: Information on this site may be outdated. For up-to-date instructions and filing fees check always with the USCIS site:

Purpose of Form :

This form is used to notify USCIS that you are appealing an adverse decision regarding your case to the Administrative Appeals Office

Number of Pages :


Edition Date :

12/21/06. Prior versions acceptable.

Where to File :

File this form with the USCIS office which made the unfavorable decision.

Filing Fee :


Special Instructions :


Download I-290-B (78KB PDF)

Department of Homeland Security
U.S. Citizenship and Immigration Services
OMB No. 1615-0095; Expires 10/31/08
I-290B, Notice of Appeal to the Administrative Appeals Office (AAO)


1. Filing Your Appeal.

You must file your appeal with the U.S. Citizenship and Immigration Services (USCIS) office that made the unfavorable decision within 30 calendar days after service of the decision (33 days if your decision was mailed). The date of service is normally the date of the decision.

Do not send your appeal directly to the Administrative Appeals Office (AAO). Submit an original appeal only. Additional copies are not required.

2. Fee.

You must pay only one fee of $385.00 to file this form. (You need to pay only one fee of $385.00 to appeal a decision to deny a petition with more than one beneficiary, provided that the different beneficiaries are covered by the same petition, and therefore, the same unfavorable decision.)

The fee will not be refunded, regardless of the action taken in your case. Do not mail cash.

All checks or money orders, whether U.S. or foreign, must be payable in U.S. currency at a financial institution in the United States. When a check is drawn on the account of a person other than yourself, write your name on the face of the check. If the check is not honored, USCIS will charge you $30.00.

Pay by check or money order in the exact amount. Make the check or money order payable to the U.S. Department of Homeland Security, except: – If you live in Guam and are filing your appeal there, make the check or money order payable to the ”Treasurer, Guam,” or – If you live in the U.S. Virgin Islands and you are filing your appeal there, make the check or money order payable to the ”Commissioner of Finance of the Virgin Islands.”

How to Check If the Fee Is Correct.

The fee on this form is current as of the edition date appearing in the lower right corner of this page. However, because USCIS fees change periodically, you can verify if the fee is correct by following one of the steps below: – Visit our website at and scroll down to “Forms and E-Filing” to check the appropriate fee, or – Review the Fee Schedule included in your form package, if you called us to request the form, or – Telephone our National Customer Service Center at 1-800-375-5283 and ask for the fee information.

3. Attorney or Representative.

If you wish, you may be represented at no expense to the U.S. Government by an attorney or other duly authorized representative. Your attorney or representative must submit a Notice of Entry of Appearance as Attorney or Representative (Form G-28) with the appeal.

4. Brief.

You do not need to submit a brief in support of your appeal, but you may submit one if you so choose. You may also submit evidence.

You may submit a brief and evidence with this form. Or you may send these materials to the AAO within 30 days of the date you sign this form. You must send any materials you submit after filing the appeal to:

USCIS Administrative Appeals Office U.S. Citizenship and Immigration Services
20 Massachusetts Avenue, N.W. , Room 3000
Washington, D. C. 20529

If you need more than 30 days, you must explain why in a separate letter attached to this form. The AAO may grant more time only for good cause.

5. Oral Argument.

You may request an argument before the AAO in Washington, D.C., in a separate letter attached to this form. The letter must explain specifically why an oral argument is necessary.

If your request is granted, the AAO will write to you about setting the date and time. Oral argument is normally limited to 15 minutes. The U.S. Government does not furnish interpreters for oral argument.

6. Visa Petition Beneficiary.

If you are the beneficiary of a visa petition or the beneficiary’s attorney or representative, you may not file an appeal on this form.

When a decision on a petition may be appealed, the petitioner, an authorized official of a petitioning employer, or the petitioner’s attorney or representative must sign this form.

7. Processing Information.

Acceptance. An appeal that is not signed or is not accompanied by the proper fee will be rejected with a notice that the appeal is deficient. You may correct the deficiency and resubmit the appeal. However, an appeal is not considered properly filed until it is accepted by USCIS.

Initial processing. Once the appeal or motion is accepted, it will be reviewed. If you do not have any standing to file the appeal, or the decision is not appealable or filed timely, the appeal will be dismissed without further review.

Decision. You will be notified in writing of any action taken on your appeal.

Penalties. If you knowingly and willfully falsify or conceal a material fact or submit a false document with this request, we will deny the benefit you are seeking and may deny any other immigration benefit. In addition, you may face severe penalties provided by law and may be subject to criminal prosecution.

Privacy Act Notice. We ask for the information on this form and associated evidence to determine if you have established eligibility for the immigration benefit you are seeking. Our legal right to ask for this information is in 8 USC 1302 and 1304. We may provide this information to other government agencies. Failure to provide this information and any requested evidence may delay a final decision or result in denial of your appeal.

8. USCIS Forms and Information.

To obtain USCIS forms, call our toll-free forms line at 1-800-870-3676. You can also get USCIS forms and information on immigration laws, regulations and procedures by telephoning our National Customer Service Center at 1-800-375-5283 or visiting our website at

9. Use InfoPass to Make an Appointment.

As an alternative to waiting in line for assistance at your local USCIS office, you can now schedule an appointment through our internet-based system, InfoPass. To access the system, visit our website at Use the InfoPass appointment scheduler and follow the screen prompts to set up your appointment. InfoPass generates an electronic appointment notice that appears on the screen. Print the notice and take it with you to your appointment. The notice gives the time and date of your appointment, along with the address of the USCIS office.

10. Paperwork Reduction Act Notice.

A person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

We try to create forms and instructions that are accurate, can be easily understood and that impose the least possible burden on you to provide us with information. Often this is difficult because some immigration laws are very complex.

The estimated average time to complete and file this application is computed as follows: (1) 10 minutes to learn about the law and form; (2) 60 minutes to complete the form; and (3) 20 minutes to assemble and file the application, including the required in person filing; for a total estimated average of one hour and 30 minutes per appeal. If you have comments regarding the accuracy of this estimate or suggestions for making this form simpler, you may write to U.S. Citizenship and Immigration Services, Regulatory Management Division, 111 Massachusetts Avenue, N.W.,3rd Floor, Suite 3000 Washington, DC 20529; OMB No. 1615-0095.