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USCIS proposes substantial changes to the USCIS motions and appeals process (Form I-290B)

  1. Date Announced

    Dec. 6, 2019

    USCIS 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]

    View Policy Document View Policy Document View Policy Document View Policy Document
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  3. Subsequent Action

    March 12, 2020 USCIS provides responses to public comments received during 60-day comment period
  4. Subsequent Action

    March 17, 2020

    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 USCIS indicated in its notice that it has withdrawn several of its proposed changes in light of public comments.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.

    30-day notice
  5. Subsequent Action

    August 15, 2020

    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.

    OMB approves information collect request
  6. Subsequent Action

    December 23, 2020

    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.

    60 Day Notice and Request for Comments
  7. Subsequent Action

    December 23, 2020 Form I-290B 8.15.20 edition_Extension Without Change
  8. Subsequent Action

    December 23, 2020 Form I-290B Instructions 8.15.20 edition_Extension Without Change
  9. Subsequent Action

    March 18, 2021

    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 until April 19, 2021.

    30 day notice and request for comments

Commentary

On 4/16/20, ASISTA and the Catholic Legal Immigration Network, Inc. (CLINIC) submitted comments regarding proposed revisions to Form I-290B.

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AILA 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.

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USCIS Is Hiding Damaging Changes Behind Its Motions and Appeals Form Proposal

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