Form EOIR-29: How to Appeal to the Board of Immigration Appeals

Navigating the complex maze of U.S. immigration laws can be, at times, an overwhelming process. However, understanding the processes and the forms you need to file can make all the difference in the process. Form EOIR-29 serves as an essential tool for those seeking to appeal adverse decisions to the Board of Immigration Appeals.

At Jaskot Law, we believe that understanding the complex legal processes is of vital importance to any immigrant who has received an unfavorable decision. Our experienced immigration attorneys are prepared to provide tailored services and effective solutions for the resolution of your case. Contact us today.

What is Form EOIR-29 and what is it for?

The Form EOIR-29 offers the possibility, and a structured route, to challenge and seek reversal of prior decisions before the Board of Immigration Appeals. This form is used to request an appeal of an unfavorable decision on Form I-130, Petition for Alien Relative Petition, or Form I-360, Amerasian, Widow(er), or Special Immigrant Petition.

Also known as the “Notice of Appeal of Immigration Officer’s Decision,” Form EOIR-29 is a vital document in the U.S. immigration system. This is why understanding how to properly complete and submit this form is crucial for applicants seeking to change their immigration status or fight deportation.

Where do I apply?

In order to appeal an unfavorable decision and file Form EOIR-29, it is very important that you follow the steps and instructions contained in the decision notice issued by USCIS. Under no circumstances should this document be misplaced, as it will be required to process the immigration appeal.

Requirements: what should I consider before appealing?

Before embarking on the appeal process, it is critical to consider several factors that could influence the success or dismissal of your appeal. In addition, you should keep in mind that not all cases can be appealed, and that the appeal process does not involve a new trial, but rather, a review of the decision made.

Time for filing appeals

The timing for filing an EOIR-29 appeal is a crucial aspect of the appeal process; once a decision has been issued, it is vital to act promptly. This means submitting your appeal request on the appropriate form within 30 calendar days of the decision being issued.

If this time limit is exceeded, a person may lose their right to appeal and the unfavorable decision issued will take its course. At the same time, you should remember that not all decisions can be appealed, and there are certain situations in which the deadline for filing an appeal may vary.

Appeal filing fee

The filing fee for Form EOIR-29 to appeal an immigration decision is $110. You may pay this amount by money order, personal check, cashier’s check, or pay with a credit card if you file by mail. For the latter option, you must complete and submit the Credit Card Transaction Authorization Form G-1450.

If you are filing at a local office, you may pay the filing fee by personal check, credit or debit card, and reloadable credit or debit card. Additionally, you should be aware that payment for government services is non-refundable, and that payment is independent of any action that may be taken following your request.

For additional information on filing fees, please refer to the U.S. Department of Homeland Security Fee Schedule.

Form submission tips

In order to file any form you will have to take into account some guidelines and requirements, some of them are mentioned below:

• Sign the form in the space provided for such action. Any form that does not contain the applicant’s signature will be rejected.
• Submit the most recent version of the form. All available forms are available on the official website of the U.S. Citizenship and Immigration Services under All Forms. You will be able to complete the forms online and then print and mail them.
• Remember not to submit forms by different means, i.e., if you have already submitted a form online, do not resubmit it by mail.
• If you fill out the form by hand, use black ink. Make sure the information is legible and clear.
• Complete the form in its entirety, unless otherwise indicated. Incomplete forms may be rejected.
• Do not use tape or liquid corrector.

Electronic Notifications

If you have completed and submitted your appeal form and would like to receive a message to your email inbox, and/or text message, to ensure that USCIS has accepted your form, you will need to complete the Form G-1145 Electronic Notification of Acceptance of Application/Petition Form G-1145 and attach it to the first page of your application.

What should I take into account so that my appeal is not dismissed?

In order for your Form EOIR-29 not to be dismissed, you should be aware that the Appeals Board may dismiss any application that fails to comply with certain requirements. Among the reasons for rejection, we can find the following:

• The appellant has not specified the reasons for the appeal.

• The petitioner specifies no other reason for requesting the appeal than a finding of fact or conclusion of law that was admitted by him/her in a prior proceeding.

• The appeal is from an order that previously granted the applicant relief.

• The appeal is filed with improper intent or purpose, such as causing delay in acting on a decision, the decision issued for appeal lacks arguable basis.

• It is indicated in the filing of Form EOIR-29 that a brief and/or statement in support of the appeal request will be filed, and then no such document is filed.

• The appeal does not fall within the jurisdiction of the Board of Appeals.

• The appeal is untimely or improper, i.e., the decision document issued stipulates that no appeal can be made against the decision.

• The appeal does not comply with the established and regulatory requirements.

How can an attorney assist in the appeal process using Form EOIR-29?

The appeal process using Form EOIR-29 can be a complex process that can significantly impact a person’s life and future in the United States. For this reason, enlisting the help of an experienced attorney to appeal a negative decision by an immigration judge is crucial.

At Jaskot Law we believe that having the support of an experienced immigration attorney can make a difference in the resolution of your case. Through a personalized service, our team of lawyers offers a detailed analysis of your particular case and provides you with effective solutions for your immigration process to the United States. Contact our team today.

Frequently Asked Questions