Filing Motion to Reopen
A Motion to Reopen is now to be filed on an I-290B (the form previously used only for appeals to the AAO) due to the recent changes (9/28/2005) to 8 C.F.R. Section 103.5. Attorneys should be very clear as to whether they are seeking a Motion to Reopen or an Appeal when filing the I-290B form. The attorney should clearly state so on the I-290B form if they are requesting only a Motion to Reopen. The center will still consider the Motion even if the attorney files the Motion to Reopen without the I-290B and has paid the $385 fee and file timely. But the case will not be forwarded to the AAO if the Motion is denied.
A Motion to Reopen is now to be filed on an I-290B (the form previously used only for appeals to the AAO) due to the recent changes (9/28/2005) to 8 C.F.R. Section 103.5. Attorneys should be very clear as to whether they are seeking a Motion to Reopen or an Appeal when filing the I-290B form. The attorney should clearly state so on the I-290B form if they are requesting only a Motion to Reopen. The center will still consider the Motion even if the attorney files the Motion to Reopen without the I-290B and has paid the $385 fee and file timely. But the case will not be forwarded to the AAO if the Motion is denied.
