Differences between the Form EOIR-29 and the Form I290B

When a person needs to file an immigration appeal, they need to file certain forms and follow certain steps to do so effectively. In this case, we will discuss the differences between Form EOIR-29 and Form I290B, which often cause confusion among applicants.

At Jaskot Law, we believe that understanding what is involved in the legal process of immigration appeals and the corresponding forms for processing them is of vital importance. That is why we explain the differences in the forms of processing the appeal, and that our expert lawyers offer personalized attention for the resolution of your particular case. Contact us today.

Immigration appeals in the United States

An immigration appeal is a legal pathway by which a person who has received an unfavorable decision on his or her case may appeal for reconsideration. However, in order to be successful, the applicant must complete the relevant forms and comply with the requirements stipulated by the U.S. government.

Two of the forms used for this process are Form EOIR-29, known as the “Notice of Appeal to the Board of Immigration Appeals (BIA)”, and Form I290B, or “Notice of Appeal or Motion”. Both forms are used to appeal an unfavorable decision, but apply to different cases.

In addition, when making an immigration appeal, it is necessary to keep in mind that not all cases can be appealed, and that this information will be included in the notice of unfavorable decision received.

Form EOIR-29

The Form EOIR-29 or “Notice of Appeal” is used to appeal an unfavorable decision to the Board of Immigration Appeals, or BIA. This form is used to appeal a negative determination issued by the United States Citizenship and Immigration Services (USCIS) on Form I-130, Alien Relative Petition.

This application is also used to appeal the benefit requested through Form I-360, Amerasian, Widow(er), or Special Immigrant Petition. It is important to note that Form EOIR-29 must be filed with the USCIS office that issued the original decision within 30 calendar days of notification of the decision, subject to specific exceptions.

For more information about this form, we tell you everything you need to know about How to appeal to the Board of Immigration Appeals.

Presentation fee

The forms filed for appeal require a filing fee. Thus, the fee for Form EOIR-29 is $110 for filing. This fee can be paid by money order, personal check, cashier’s check, or by credit card if you file by mail.

If you choose to file your appeal request at a local office, you may pay the requested fee by personal check, credit or debit card, and reloadable credit or debit card. Be sure to check for updated filing fees at the U.S. Department of Homeland Security’s Fee Breakdown, or the official website of the U.S. Citizenship and Immigration Services (USCIS).

Complete Form EOIR-29

In order to complete the EOIR-29 Form, it is necessary to pay particular attention to the indications contained in the document. However, and in anticipation, we can identify the parts into which the document is divided below:

PART 1. In this section you must check the box that corresponds to your particular case, and choose whether or not to a) you wish to appeal a decision issued by an official of the U.S. Department of State, such as an I-130 petition; or b) you wish to appeal a different decision issued by an official of the U.S. Department of State.

After you have marked your decision, you will have to complete the requested data in the corresponding part. Be sure to fill in the appropriate field, as the information requested differs from one field to another.

PART 2. In this part of the document, the data related to the officer who issued the unfavorable decision and the office where the decision was issued are filled in.

PART 3. In section three of Form EOIR-29 you should detail the reasons why you have decided to appeal the decision issued by the DHS officer. Remember that you must provide a factual and legal basis for the appeal to be considered for acceptance.

PART 4. In this line you are asked if you want to provide arguments before the Board of Immigration Appeals. You should check the box according to your answer.

PART 5. In this last section of the document, you should state whether or not you intend to file a short written statement after filing this Notice of Appeal.

Form I290B

Form I290B, also known as “Notice of Appeal or Motion,” is a document used to appeal, or file a motion to appeal, decisions denying other types of immigration applications with the U.S. Citizenship and Immigration Services (USCIS).

To ensure that the appeal process is conducted correctly, within the stipulated deadlines, and that your application is considered and/or approved, the applicant must submit valid arguments and additional evidence in support of your appeal.

You need to be aware that Form I290B can be used for a multiplicity of cases, and for more information on when Form I-290B can be used you can proceed to read this article on our website.

Presentation fee

The filing fee for Form I-290B is $800. However, it should be noted that under certain circumstances, applicants may request to be exempted from paying the filing fee for this document. For more information on the fee waiver, you can visit the official USCIS page for Additional Information on Filing a Fee Waiver, or download Form I-912.

Completing Form I-290B

This form contains more sections than Form EOIR-29, therefore, it is necessary that you pay careful attention to all the fields and check the options that apply to your particular case. The following is a brief description of the different sections of this document.

PART 1. This part details and contains information about the petitioner and/or beneficiary. The name of the petitioner or beneficiary making the appeal, the A number (if any), his or her USCIS online account number, and his or her mailing address must be included.

PART 2. Section 2 of the document corresponds to the information on the appeal itself, i.e. specifying the type of decision on the petition that has been appealed, the number corresponding to the petition, the date on which the unfavorable decision was issued and the office responsible.

PART 3. This part of the document details the basis for filing an appeal and providing a statement identifying why the decision is presumed to be in error. Additional information in support of the appeal and motion to reopen or reconsider must also be provided.

PART 4. This contains the information related to the applicant or petitioner, including his/her data and signature.

PART 5. This section contains data related to the interpreter, if any.

PART 6. Contact information for the person preparing this document, if any.

Other tips for filing an immigration appeal

Please note that these documents are of utmost importance, and completing them correctly and appropriately can make the difference between acceptance and rejection of an application. Based on this, we recommend that you pay attention to the following issues:

• Be sure to sign the form in the space provided. Forms that do not contain the signature of the applicant or petitioner will be rejected.

• Complete the forms in clear and legible handwriting.

• Do not use correction fluid or correction tape on forms.

• Be sure to submit the most recent version of the form by consulting the updated forms in the All Forms section of the official website of the U.S. Citizenship and Immigration Services (USCIS).

• Complete the forms in their entirety, unless otherwise indicated.

• Complete your appeal form online and then print it out and mail it in. You may also choose to print the form and complete it by hand for submission.

Frequently Asked Questions