Motion to Reopen vs Reconsider: differences and deadlines 2026

A USCIS denial is not necessarily the end. The law allows two types of motions for the same office to review its decision: motion to reopen and motion to reconsider. They are filed on the same form (I-290B) but argue different things. This guide covers which to use and the deadlines.

What USCIS motions are

A motion asks the same USCIS office that denied your case to reconsider or reopen. It is not an appeal (appeals go to a higher authority like the AAO or BIA). The motion is a second chance before the same decision-maker.

Both motions are filed using Form I-290B (Notice of Appeal or Motion).

The key difference

Motion to Reopen

Based on new facts that were not before the officer at the time of decision. You must submit documentary evidence of those new facts.

Example: USCIS denied because no marriage certificate was in the file. You now submit it, explaining why it was not there before.

Motion to Reconsider

Based on USCIS incorrectly applying the law or policy existing at the time of decision. You do not submit new evidence — you argue the legal error.

Example: USCIS denied because it applied the wrong credibility standard to a marriage. You cite the regulation and case law.

Summary

Reopen → new facts (new evidence).
Reconsider → legal error (legal argument).

You can file both at once if your case has new facts and legal error.

Critical deadlines

30 days from the decision date.
33 days if the decision was mailed (USCIS adds 3 mailing days).
Counted from the decision date, not the date you received it.

Late motions are denied as untimely, except very limited exceptions (extraordinary circumstances beyond applicant's control).

Step by step

Read the entire decision: identify the exact denial reason.
Pick the basis: new facts? legal error? both?
Gather evidence:
- Reopen: new documents + explanation of why they were not submitted earlier.
- Reconsider: regulation copies, published AAO decisions, USCIS manuals.
Fill out I-290B: check the right box(es) in Part 2.
Write the memorandum: legal argument with specific page references to the decision.
Pay the fee: $800 in 2026 for I-290B.
File before the deadline: postmark by day 30 (or 33).
Wait: motions are typically decided in 3-9 months.

Documents needed

Copy of USCIS denial.
Signed, complete I-290B.
Memorandum or letter with arguments.
For reopen: new documents (records, photos, declarations).
For reconsider: regulation copies, published decisions, USCIS policy.
$800 check or money order to "U.S. Department of Homeland Security."
Form G-28 if you have a lawyer.

Timing and fees 2026

I-290B fee: $800.
Decision: 3-9 months depending on office.
While waiting: the denial stays in effect. If your EAD was based on the case, it ends the day of denial, not the day of the motion ruling.
Does not stop removal if you are in proceedings.

Common mistakes leading to denial

Filing after the 30/33-day deadline.
Confusing the bases — filing reopen without new evidence, or reconsider with evidence that is actually new.
Not specifically identifying which parts of the decision are wrong.
Forgetting to sign I-290B.
Wrong fee.
Just saying "I disagree" without legal basis or evidence.
Mailing to the wrong lockbox.

When to appeal instead of moving

Some decisions allow appeal to the AAO (Administrative Appeals Office) instead of a motion. The appeal is also filed with I-290B but routes to a different authority. AAO has jurisdiction over many I-130 (certain cases), I-140, I-129 denials.

Cases in immigration court go to the BIA with Form EOIR-26, not I-290B. That is a different system.

Need help?

A weak motion confirms the denial and closes doors. A strong one can reverse it. If your denial has real chances, schedule a denial review consultation right away — the 30-day clock is running.

FAQ

Can I file pro se? Yes, but motions require technical legal argument. Pro se success rates are very low.

If the motion loses, can I appeal? Depends on final decision and case type. Often the motion denial is not appealable.

Does the motion pause the denial's effects? No. Your EAD (if it was based on the case) is invalid as of the denial date, not the motion ruling.

How many motions can I file? Generally one per ground. But reopen + reconsider can be combined in a single I-290B.

Can I motion if I am in removal? USCIS loses jurisdiction once the court has the case. Consult.

Sua sponte reopen deadline? USCIS can reopen on its own without a deadline, but it is rare. File within 30 days.

Can my motion have both new evidence and legal argument? Yes. Check both boxes on I-290B and clearly separate sections in the memorandum.

Motion to Reopen vs Motion to Reconsider: which to file and by when