---
title: "Record I-290B timing without advising which visa remains open"
url: "https://ailawframework.com/practice/immigration-and-migration-law/advise-which-visas-remain-open-after-a-refusal-or-cancellation/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A30-Z20261018-4-US"
practice_area: "Immigration & Migration Law"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Record I-290B timing without advising which visa remains open

> Record the date of the adverse decision, whether the file says it was mailed, and the deadline that follows from the periods below. Do not name a visa that remains open and do not recommend a filing.

Canonical page: https://ailawframework.com/practice/immigration-and-migration-law/advise-which-visas-remain-open-after-a-refusal-or-cancellation/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Immigration & Migration Law](https://ailawframework.com/practice/immigration-and-migration-law.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | Record the date of the adverse decision, whether the file says it was mailed, and the deadline that follows from the periods below. Do not name a visa that remains open and do not recommend a filing. |
| What the lawyer must review | The Form I-290B page says that if a person is eligible to file, in most cases the appeal or motion must be filed within 30 calendar days of service, or within 33 calendar days if the decision was mailed. An appeal of a decision to revoke approval of an immigrant petition under 8 C.F.R. 205.2 must be filed within 15 calendar days, or 18 if mailed. A late appeal is rejected unless the office finds it meets the requirements of a motion to reopen or reconsider. A late motion is denied, except a failure to file a motion to reopen on time may be excused if the delay was reasonable and beyond the person's control. The page does not say which visa remains available after a refusal. The lawyer writes that advice. The tool does not decide eligibility to file Form I-290B. |
| Written for | United States |
| Applies to | [Advise which visas remain open after a refusal or cancellation](https://ailawframework.com/practice/immigration-and-migration-law/advise-which-visas-remain-open-after-a-refusal-or-cancellation.md) |

## Checking plan

- What the AI does: Record the date of the adverse decision, whether the file says it was mailed, and the deadline that follows from the periods below. Do not name a visa that remains open and do not recommend a filing.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Use 15 and 18 days only for a revocation appeal under 8 C.F.R. 205.2.
- The tool writes no advice to the client.

## Sources

- [USCIS, Form I-290B, Notice of Appeal or Motion](https://www.uscis.gov/i-290b) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)
- [ABA Model Rule 1.1, Competence](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_1_competence/) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*