When to File an I-290B Appeal and When to Refile Your Case

A denial notice in the immigration process can leave couples feeling discouraged and uncertain about what to do next. For many, the question becomes whether to file Form I-290B, known as a motion to appeal, or whether it would be smarter to refile the application entirely. The right choice depends heavily on the specific circumstances of the case and the reason for the denial.

Before deciding on the next step, it is important to understand why the case was denied. Immigration usually gives applicants a chance to correct mistakes through a request for evidence or a notice of intent to deny. If the response is incomplete, or if eligibility requirements are not met, a denial may follow. The denial notice will often include information about the option to file Form I-290B, but not every case qualifies for a successful appeal.

When Filing Form I-290B Makes Sense

Filing an I-290B motion is typically useful when immigration made an error in applying the law to the case or overlooked valid evidence that was provided. In these situations, a motion to reconsider or reopen can correct the mistake. Because the filing deadline is only 30 days from the date of the denial, couples who believe immigration made an error should act quickly. Waiting too long could result in losing the chance to challenge the decision.

When It’s Better to Refile the Case

In many situations, refiling the application is the better option. This is especially true when the denial is based on missing documents, incomplete responses, or errors in the original filing. If the same information is resubmitted through an appeal, immigration will likely reach the same decision, resulting in wasted time and additional fees. By refiling, couples can present a stronger, more complete application and avoid repeating past mistakes.

Moving Forward with Confidence

Deciding between filing Form I-290B or refiling is not simple. Each case is unique, and what works for one couple may not work for another. Speaking with an immigration attorney immediately after receiving a denial notice is the best way to create a clear strategy. An attorney can evaluate whether immigration made a mistake or whether refiling will give the couple a better chance at success.

Facing a denial is never easy, but it does not have to be the end of the road. With the right guidance, couples can make the best choice for their situation and keep their immigration journey on track. An experienced immigration attorney provides clarity and direction during these difficult moments. If you and your partner are navigating a denial and are unsure whether to file an I-290B or refile, now is the time to schedule your consultation to explore your best path forward.