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Original Date Announced
December 6, 2019USCIS requests public comment on proposed revisions to Form I-290B, Notice of Appeal or Motion, which would make substantial and substantive changes to the USCIS motions and appeals processes. Among other things, USCIS is proposing a revision to Form I-290B that would allow affected parties to waive the Initial Field Review (IFR) process. USCIS is also proposing restrictions on the use of new evidence for appeals and motions as well as changes to the standard of review. [ID #1131]
60-Day Notice of Agency Information Collection Activities Supporting Statement Submitted to OMB Table of Changes - Form instructions Table of Changes - FormSubsequent Trump-Era and Court Action(s)
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March 17, 2020
30-day notice
USCIS issues a 30-day notice notifying the public that it will be submitting the information collection to the OMB for review and clearance. USCIS indicated in its notice that it has withdrawn several of its proposed changes in light of public comments. In particular, USCIS has removed 1) the proposed change that would allow affected parties to waive the initial field review process, 2) its proposal to change the treatment of newly submitted evidence on appeal, 3) the proposal to change the abuse of discretion standard of review for discretionary decisions; and 4) its proposal to change the definition of the term ‘‘new facts’’ for motions to reopen.
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August 15, 2020
OMB approves information collect request
OMB approved this information collection, however, the newest edition of the Form I-290B has not yet been publicly released. The 12/02/19 form edition remains in effect.
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December 23, 2020
Form I-290B Instructions 8.15.20 edition_Extension Without Change
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December 23, 2020
Form I-290B 8.15.20 edition_Extension Without Change
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December 23, 2020
60 Day Notice and Request for Comments
USCIS announced a 60 day notice and comment period regarding the proposed extension without change of Form I-290B. Comments are accepted until February 22, 2021.
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Biden Administration Action: Modified
March 18, 202130 day notice and request for comments
Under the Biden administration, USCIS announced it will be submitting Form I-290B as an extension without change to the OMB for review and clearance and has provided an additional 30 days for public comments.
View DocumentBiden Administration Action: Approved/Retained
December 8, 2021OMB Control Number History
Extension of the form for two more years was approved by OMB without change.
View DocumentCurrent Status
Not in effectMost Recent Action
December 8, 2021 Action: Approved/Retained OMB Control Number HistoryMarch 18, 2021Acted on by Biden Administration
December 8, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: ProposedTrump Administration Action: Forms and Information CollectionSubject Matter: Non-Immigrant Visas Immigrant Visas HumanitarianAgencies Affected: USCISAssociated or Derivative Policies
Commentary
ASISTA and CLINIC comments to Form I-290B
On 4/16/20, ASISTA and the Catholic Legal Immigration Network, Inc. (CLINIC) submitted comments regarding proposed revisions to Form I-290B.
Go to articleAILA Joins Joint Comment Opposing Changes to Form I-290B
On 2/4/20, AILA joined CLINIC, ASISTA, KIND, the Council, ILRC and the Tahirih Justice Center in a joint comment opposing USCIS’s proposed revisions to Form I-290B and its instructions.
Go to article on aila.orgUSCIS Is Hiding Damaging Changes Behind Its Motions and Appeals Form Proposal
Go to article on immigrationimpact.com