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Case Stories
❌ EB-3 I-485 Denied - Motion to Reopen/Reconsider (I-290B) - Missing Birth Certificate
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❌ **Case Status: Denied**
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An I-485 application was denied due to a missing original birth certificate. The applicant filed an I-290B Motion to Reopen/Reconsider and is seeking information on USCIS processing timelines. Legal counsel was consulted at a cost of $2,000 plus the $800 filing fee.
An I-485 adjustment of status application was denied by USCIS citing failure to provide an original birth certificate. Following denial, the applicant consulted an immigration attorney and was advised to file Form I-290B (Notice of Appeal or Motion). The motion was submitted and expected to be received by USCIS the following Monday. The applicant is awaiting acknowledgment of receipt and inquiring about typical notification timelines. Attorney fees for the motion were quoted at $2,000 plus the mandatory $800 USCIS filing fee for I-290B.
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**[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1tde7ix/motion_to_reopen_reconsider/)**
*Source: Reddit I-485 EB*
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*This post was automatically curated from online sources to share real case experiences with the community.*
I-290B Motions to Reopen or Reconsider for I-485 denials typically take 6 to 12 months for USCIS to adjudicate, though timelines can vary significantly by field office. USCIS generally sends a receipt notice (Form I-797) within 2 to 4 weeks of receiving the I-290B. During the pendency of a properly filed motion, the denial is held in abeyance. Cases denied for missing documents (such as birth certificates) that are subsequently submitted via a Motion to Reopen tend to have better outcomes than those involving substantive legal issues, as the denial was procedural rather than merit-based. Applicants in similar situations should ensure the original document (or a certified copy with a USCIS-acceptable secondary evidence explanation if unavailable) is included with the I-290B filing.