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What is the processing time for an I-290b Motion to Reopen a denied I-829?

Can I keep staying in the U.S. while the case is being processed?

Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    There is no posted processing time for an I-290B motion to reopen a denied I-829. Each case is unique, so you could be waiting for a few months (30-90 days) or perhaps longer. The likelihood of success on the motion will depend on the reason for denial and the strength of the new facts and new evidence you filed in support of your motion. As a conditional lawful permanent resident (even one with "terminated" status under a denied I-829), you remain eligible to work and travel. Keep in mind that travel outside of the United States is not recommended in your situation, but it is possible with the appropriate documentation and perhaps a temporary stamp in your passport, which will allow you to travel. If USCIS denies your motion, it likely will issue a Notice to Appear ("NTA") for you to go to immigration court. In court, you will have the opportunity to have the immigration judge review your I-829 and to seek any additional relief from removal. You should consult with an experienced immigration attorney who can represent you in immigration court should USCIS issue the NTA and file it to with the immigration court.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    Yes, you can stay in the U.S. Your international travel may be limited unless you obtain a 551 stamp.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    A motion to reopen ordinarily takes about six months or longer. You can continue to stay until an immigration judge orders you removed, but they can issue a Notice to Appear in front of an immigration judge.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    A motion or appeal does not stop unlawful presence unless you win that appeal or motion. Otherwise, the time spent here after the denial counts against you.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The general presumption is that it takes about 180 days or six months to process I-290b, Motion to Reopen. However, the USCIS reserves the right to alter the processing time. Further, the USCIS does not publish the processing for the I-290 situation as the agency treats each case as unique and there is no fixed standard processing time. If you file the motion in time and it is acknowledged, you can stay in the country. Advisably, make sure the filing is done in the right manner and time.

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