A Permanent Resident Card, colloquially known as a "green card," is a document issued by the United States Citizenship and Immigration Services which allows its holder to live, work and study in the United States on a permanent basis. If you have recently applied for a green card but were denied, you can file a motion to reopen or reconsider. This will give you the opportunity to present the USCIS with additional information and explain why the agency should look at your case again.
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Download and print USCIS Form I-290B, "Notice of Appeal or Motion," which you must use to submit your motion. Determine whether you need to file a motion to reopen or a motion to reconsider.
The USCIS defines a motion to reopen as one that asks the original decision maker to review your case. You must base the motion on facts such as new evidence or changed circumstances, and supply documentary evidence. Under certain circumstances, you can also file a motion to reopen if your original application was denied due to abandonment, for example, failing to respond in time to a request for evidence of a notice of intent to deny.
If new evidence or changed circumstances do not apply in your case, you may still be able to file a motion to reconsider. Explain, referring to relevant laws, regulations or court decisions, why you believe the decision to deny was erroneous. You will need to show the USCIS that immigration law or policy was applied incorrectly in your case, based on evidence available at the time.
If you decide to file a motion to reopen, check box D in Part 2 of the form. If you decide on a motion to reconsider, check box E. If you decide your case warrants filing both types of motion, check box F.
Fill out the form in full, providing contact information such as your name, address, email address and phone number; the type of motion; the reason for it; and your application number and date of denial. Sign and date the form.
Appear in person at the office which denied your original application and submit your motion to reopen or reconsider. The representative to whom you submit the form can tell you when you can expect a decision, as processing time will depend upon the application load at your particular center.Tags: motion reopen, file motion, your case, file motion reopen