How to Fill Out a Motion to Reopen a Case for Immigration

Follow U.S. immigration procedures to avoid having to file a motion to reopen.

Filling out a motion to reopen requires a specific procedure, dictated by U.S. Citizenship and Immigration Services (USCIS) guidelines. In legal terms, motions to reopen are not appeals -- although they are similar. Motions to reopen depend on empirical evidence -- new facts that a court must consider, for example -- while appeals cases challenge standing legal rulings based on improper procedure and other conceptual matters. It is important to keep an eye on the status of your motion to reopen to ensure it does not end up in the hands of an Administrative Appeals Office (AAO) agent.

Things You'll Need

• Form I-290B
• Personal ID
• Medical records
• Death Certificate

Instructions

1. Contact the adjudicating authority that made the initial legal determination on your matter. USCIS field offices are often responsible for these matters. Visit the Service and Office Locator page on the USCIS website to find the contact information for your state field office.

2. Provide at least two forms of current personal identification to an USCIS administrator. Explain your situation and ask for a USCIS I-290B Form. Log online and download the USCIS I-290B Form from the USCIS website if you are unable to visit the field office in person.

3. Fill out the form. Include your full name and contact information. Select either Box "D" or "F" under the Information About the Appeal or Motion section. Both boxes are indications to the USCIS that you are filing a motion to reopen. All other selections indicate motions to appeal or motions to reconsider. Motions to reconsider are preceding maneuvers for court appeals. Write your initial court case number and describe in detail why the matter must be reopened. Sign and date the form.

4. Include supplemental documentation with your reasoning. A motion to reopen, for example, may be based on the fact that you missed a court hearing due to the death of a parent. Include a copy of the official death certificate with the I-290B Form.

5. Send your I-290B Form and supplemental documentation to your USCIS field office within 90 days of the initial court ruling. Contact the USCIS if you receive word that your request was mistakenly passed on to the AAO.

Tips & Warnings

• Contact the U.S. Immigration Court for additional information.

References

• U.S. Citizenship and Immigration Services: I-290B Form
• U.S. Department of Homeland Security: Q&A -- Motions to Reopen: How Are They Working For You?
• US Legal: Motion to Reconsider

Resources

• U.S. Citizenship and Immigration Services: Service and Office Locator