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Motion to Reopen Processing Time You can expect a response from the USCIS office within 90 days of filing your motion. This, like the USCIS appeal processing time, may be shortened, but it is more often extended.
You may seek further review by filing a motion to reopen or reconsider on Form I-290B, Notice of Appeal or Motion, but there is no appeal available from such a determination.
(1) Motions to reopen or reconsider - When a filing fee is required, the fee for motions to reopen or reconsider is $145. The fee is paid to the Department of Homeland Security in advance. The fee receipt and motion are then filed with the immigration court.
A motion to reopen is based on documentary evidence of new facts. Alternatively, a motion to reconsider is based on a claim of incorrect application of law or policy to the prior decision. The regulations for motions to reopen and motions to reconsider are located at 8 C.F.R. § 103.5.
Those appealing a decision to be reconsidered or reopened must complete and submit Form I290-B, Notice of Appeal or Motion. Your form should be filed with the Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA).