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If you have appeal rights, you may file both an appeal and a motion. While the motion is considered and decided by the official who made the decision on which the motion is based, an appeal will be reviewed and decided by an independent staff and authority.
Appeal vs. Motion: Choose which one you need (appeal = disagree with decision; motion = add new evidence or argue USCIS made a mistake). Deadline: 30 days after the bad decision (15 days for some revocations). Processing Time: 6 months to 2 years for appeals, 6 months for motions (can be longer).
A motion to reopen is a request to the office that issued the unfavorable decision to review its decision based on new facts. The motion must state new facts and be supported by affidavits or other documentary evidence demonstrating your eligibility at the time you filed the underlying application or petition.
A notice of appeal is the paper you file in the superior court where your case was decided to let the court and the other side know that you are appealing the courts decision.
The AAO may also reopen a proceeding or reconsider one of its prior decisions on its own motion. Unlike appeals, which ask a different authority to review and reverse a decision, motions request a review by the authority that issued the latest decision in the proceeding.
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Form I-290B may also be used for appeals and motions when ICE withdraws a schools approval for attendance by nonimmigrant students. If the decision is appealable, the notice letter will include instructions for filing an appeal or motion.