Other · United States
USCIS denial notice — and the clock it starts
The decision refusing your application also starts a short period in which an appeal or a motion can be filed. It does not restart, and a filing that arrives late has to be rejected.
How serious: enforcement closeAlso called: denial notice, decision letter, I-797 denial, denial of a benefit request
The denial states the ground USCIS relied on and, where an appeal lies, names Form I-290B and the number of days to file it. Some decisions carry no right of appeal and say so.
The same form covers three different things: an appeal, a motion to reopen on new facts, and a motion to reconsider on the law. They are filed the same way and within the same period.
A complete form and the fee have to be received inside the period. 8 CFR 103.3(a)(2)(v)(B)(1) requires an appeal filed late to be rejected as improperly filed, and the fee is not returned.
Who sends it
U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security — the office that adjudicated the application or petition.
A decision letter on USCIS letterhead with the receipt number and the form that was filed; a passage headed with the ground for the denial; and at the end a paragraph on appeal or motion naming Form I-290B and a period of thirty days — or a statement that no appeal lies.
The deadline
30 days after service of the decision, 33 days when it was served by mail
8 CFR 103.3(a)(2)(i): the complete appeal must be submitted on Form I-290B within 30 days after service of the decision. 8 CFR 103.8(b) adds 3 days where service was by mail, so a mailed decision leaves 33 days from its date. Under 8 CFR 1.2, a period ending on a Saturday, Sunday or legal holiday runs to the end of the next day that is not one of those.
If you do nothing
The denial stands. An appeal not filed within the time allowed must be rejected as improperly filed, and any fee already accepted is not refunded (8 CFR 103.3(a)(2)(v)(B)(1)).
Compute your date
The rule above is what the law sets. Put in the dates on your own letter and it becomes a date.
How it escalates
- 01The denial becomes the final word on that filing; a late appeal must be rejected as improperly filed.
- 02Fees paid on the denied filing are not returned.
- 03Any status, work authorization or travel document that rested on the denied case ends with it.
- 04Filing again is possible for most benefits, but it is a new filing with a new fee and a new queue, not a continuation.
How to respond
The procedure below is what makes a filing count: the right form, the fee, and receipt by USCIS inside the period.
Response types
- File an appealAppeal on Form I-290B (Notice of Appeal or Motion) · 8 CFR 103.3(a)(2)(i) · Form I-290B
- File a motionMotion to reopen on Form I-290B · 8 CFR 103.5(a)(2) · Form I-290B
- File a motionMotion to reconsider on Form I-290B · 8 CFR 103.5(a)(3) · Form I-290B
Where and how
- Online filing of Form I-290B, where it is available for the case type — received on submission.
- Certified mail with return receipt to the address in the current form instructions.
- A courier with tracking to the street address the instructions give.
- Ordinary mail, which leaves no proof of the filing date.
What to attach
- A copy of the denial notice.
- The fee required by 8 CFR 106.2, or a fee waiver request where one is available.
- The supporting brief, where one is filed with the form.
- Form G-28 where an attorney or accredited representative is filing.
What makes it count
A complete Form I-290B with the fee has to be received by USCIS within the period — 30 days from service of the decision, 33 where it was mailed. Posting it inside the period is not enough.
Common questions
Is it 30 days or 33?
The regulation says 30 days after service of the decision. Where the decision was served by mail, 8 CFR 103.8(b) adds 3 days to the prescribed period, which is where 33 days from the date on the decision comes from.
Does the appeal have to arrive in the period, or just be sent?
It has to be filed inside it. An appeal not filed within the time allowed must be rejected as improperly filed, and the fee accepted with it is not refunded.
What is the difference between an appeal and a motion?
An appeal sends the decision to a reviewing body. A motion to reopen puts new facts before the office that decided; a motion to reconsider says the decision was wrong on the law and the record as it stood. All three are filed on Form I-290B.
My decision says no appeal lies. Is that the end?
It rules out an appeal, not necessarily a motion, and not necessarily filing again. Which of those is open depends on the benefit and the ground — a question for a lawyer, not for a template.
Sources
Facts verified against the sources below on 10 September 2026.