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What is the processing time for an I-290b Motion to Reopen a denied I-526?

What is the typical processing time for a Motion to Reopen a case for a denied I-526 application? How can I expect this process to play out and what can I do to better prepare my case?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    These cases often take a year or more in many instances.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    According to USCIS, the adjudication period for I-290B Motion to Reopen an I-526 case is around 6 months.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You should carefully consider whether an MTR will be helpful in your case. In many cases, a better approach is to refile. There are no specific processing times published by USCIS for MTRs. On average, they are adjudicated within anywhere from 30 days to 5-6 months.

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    Charles Foster

    Immigration Attorney
    Answered on

    The adjudication time for a Motion to Reopen a denial of an EB-5 Investor Petition on Form I-526 is normally measured by a number of months or longer. It is impossible to say exactly how long it would take, but it is typically a very slow process and the chances of success, depending upon the facts of the case, may not be great. If the denial was based upon something that is a clear error, then filing a Motion to Reopen may be the best way to proceed. It is sometimes more effective to file a new EB-5 Petition on Form I-526 that has corrected the original error.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The typical processing time for an I-290B Motion to Reopen is at least about 180 days or 6 months. For informational purposes, the Administrative Appeals Office (AAO) controls the ultimate decision. An appeal will start with the USCIS office that issued the unfavorable decision on the I-526 petition and that office has 45 days to consider the appeal and determine if it wants to reverse its decision and issue a favorable decision. If the office chooses not to, the appeal will be forwarded to the AAO, which will then review the USCIS'' decision within 6 months and issue the final decision. There are instances when the appellate process may be more than 6 months with the AOO, depending on the nature and complexity of a case. Further, with regards to a Motion to Reopen, bear in mind that the motion must be based on factual grounds such as the discovery of new evidence or changed circumstances. See 8 CFR 103.5(a)(2). This legal definition is better left to attorney interpretation and it is advisable that you should consult an attorney. In addition, the current cost of a Motion to Reopen is $675.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    The Motion to Reopen (I-290b) filed with the Administrative Appeal Office is usually within 180 days but, since I-526 is such a complicated petition with so many documents that must be reviewed de novo, AAO may take longer than 6 months which seems to be their goal. They are reporting that they are meeting 6 months review time 92% of the time.

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    Irina Rostova

    Immigration Attorney
    Answered on

    The processing time is usually 1-3 months. Your preparation depends on the facts of the case; it is impossible to suggest how to improve it without knowing the basis for the denial. It is worth noting that evidence can be submitted at the I-290b stage.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    A motion to reopen must present new evidence that was not previously available and ordinarily takes at least 6 months to act upon. Statistically, very few are ever approved so I would consider correcting the issue of concern and getting ready to refile. The case has to be approvable as of the time of filing. You might just be delaying the inevitable.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The motion to reopen could take anywhere from 30 days to six months (or longer in some cases). USCIS does not publicly post processing times for motions to reopen because each situation is unique.

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