Motion to Reopen: How to Reopen a Denied Case by USCIS

Receiving a negative decision from USCIS in an immigration process may seem like the end of the road, but it isn’t always. The American immigration system offers administrative mechanisms that allow you to contest or have unfavorable decisions reviewed, provided certain conditions are met. One of the most relevant is the Motion to Reopen, a remedy that allows a case to be reopened based on facts or evidence that were not available when the original decision was made.

This instrument is regulated by USCIS itself and can be used in various categories of immigration petitions. Knowing its requirements, deadlines, and limitations is essential to assess whether this route is appropriate for your case and to avoid mistakes that could further compromise the process.

How This Remedy Works

The Motion to Reopen is a formal request addressed to USCIS asking that a previously closed case with a negative decision be reopened for new analysis. Unlike a traditional appeal, it does not argue that there was a legal misinterpretation by the officer who reviewed the case. Instead, it is based on the presentation of new material evidence that was not available at the time of the original decision.

This request is filed using Form I-290B (Notice of Appeal or Motion), which is the same form used for appeals and for the Motion to Reconsider. When filling out the form, the applicant must specifically indicate that it is a Motion to Reopen and attach all new evidence supporting the request for reopening.

Reopen vs. Reconsider

It is common to confuse the Motion to Reopen with the Motion to Reconsider, but they are distinct instruments with completely different grounds. The Motion to Reconsider alleges that USCIS made an error in applying the law or current policy when making the decision-that is, that the same facts, if properly analyzed, would have led to a different result. The Motion to Reopen, on the other hand, is based exclusively on new facts or evidence that were not previously considered.

Both use Form I-290B and have the same filing deadline, but the strategy behind each is completely different. The choice between one or the other-or the combination of both-depends on the specific circumstances of the case. Filing the wrong type of motion can result in the summary rejection of the request, wasting time and resources.

Deadlines for Filing

The standard deadline to file a Motion to Reopen with USCIS is 30 days from the date of the negative decision. When the notice is sent by mail, USCIS grants an additional three days, totaling 33 calendar days. This deadline is strict and, as a rule, does not allow for extensions.

In removal proceedings before immigration courts, the deadline may be extended up to 90 days. There are rare exceptions in which USCIS may accept a late request, but this requires demonstrating that the delay was reasonable and resulted from circumstances beyond the applicant’s control. In practice, relying on this exception is risky and should be avoided with proper planning and strict attention to deadlines from the moment the negative decision is received.

Evidence Accepted by USCIS

For a Motion to Reopen to be accepted, the evidence presented must meet three essential requirements: it must be material, that is, relevant to the decision of the case; it must be new, meaning not available at the time of the original review; and it must be capable of changing the outcome, demonstrating that, if it had been considered, the decision could have been different.

Documents that already existed and could have been submitted with the original petition are generally disregarded by USCIS. Examples of typically accepted evidence include:

• New diplomas, certifications, or professional credentials obtained after the decision
• Job offers or employment contracts signed after the denial
• Legislative or regulatory changes that directly impact eligibility criteria
• Expert reports, technical reports, or specialized opinions produced after the decision
• Concrete and documented changes in the applicant’s personal or professional situation

The organization and contextualization of the evidence are as important as the content itself. Each document should be accompanied by a clear explanation of why it is new, why it is relevant, and how it connects to the criteria that formed the basis of the original denial.

When It’s Worth Filing

The Motion to Reopen is most appropriate when there has been a concrete and documentable change after the negative decision. Typical scenarios include obtaining new professional qualifications, publishing relevant academic articles, signing new employment contracts, or changes in regulations that directly affect the case.

On the other hand, it is not advisable to file a Motion to Reopen when the available evidence is essentially the same as in the original petition, just reorganized or reformulated. In this scenario, USCIS tends to deny the request for lack of genuinely new elements. A careful assessment of viability before filing is essential to avoid unnecessary costs and the permanent loss of procedural deadlines.

How to File the Request

The process for filing a Motion to Reopen involves completing Form I-290B, along with payment of the applicable fee and all supporting documentation. The form must be sent to the same USCIS office that issued the original decision, according to the specific instructions in the denial notice received.

It is essential to include a detailed statement explaining what the new evidence is, why it was not previously available, and how it affects the analysis of the case. Attachments should be organized logically, with an index and cross-references when possible. Clarity in presentation facilitates the work of the USCIS officer and increases the chances of a favorable review.

After receipt, USCIS will assess whether the request meets the formal and substantive requirements. If accepted, the case will be reopened and reviewed again in light of the new evidence. Processing time varies depending on the volume of cases and the complexity of the request, and may take from a few weeks to several months, which reinforces the importance of acting within the deadline and with complete documentation from the outset.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.