Form EOIR-29 Notice of Appeal to the Board of Immigration Appeals From a Decision of a DHS Officer

How to Fill Out Form EOIR-29?

Follow these steps to complete Form EOIR-29:

1. Choose the type of appeal - you may appeal the decision of a DHS officer or a carrier and fine decision, permissible DHS bond decision, or INA 212(d)(3)(A)(ii) waiver decision;
2. Name the beneficiary, state the beneficiary's alien registration number, petition form number or carrier and fine number, and any other relevant information;
3. Identify the DHS officer who made the decision you are now appealing. Write down this officer's title, office where the decision was issued, and the date of this decision;
4. State the reason for the appeal. The form provides only a small space for this purpose, but it is highly recommended to use additional sheets and attach evidence. It is mandatory to sufficiently describe the factual or legal basis for the appeal and give specific reasons to support your claim, otherwise, it may be dismissed;
5. If you desire an oral argument before the Board of Immigration Appeals, check the appropriate box. Oral arguments are rarely scheduled, so just in case, do your best to support your claim in writing;
6. Indicate if you intend to file a separate written brief or statement after the Notice of Appeal;
7. Write down the name and address of an appellant. Date the form and sign the document. It is possible for the attorney or representative to sign the papers.

The current EOIR-29 fee is $110. Regardless of the action taken on the appeal, this money is not refunded. It is possible to send certified checks or money orders payable to the U.S. Department of Homeland Security. If you live outside the U.S., contact the nearest embassy or consulate for instructions on the payment method.

It is a smart move to consult with an attorney when an immigration officer makes a decision you disagree with. When you are officially represented by an authorized representative or attorney, they have to file Form EOIR-27, Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals.

If you need an electronic notification from the USCIS to understand when they have accepted your immigration application, complete USCIS Form G-1145, E-Notification of Application/Petition Acceptance, and clip this document to the first page of the Notice of Appeal. Additionally, you may check your EOIR-29 status online on the USCIS website and sign up for updates by creating an account.

If you need to appeal a decision of an immigration judge, there is a different form for you - Form EOIR-26, Notice of Appeal from a Decision of an Immigration Judge.

Where to File Form EOIR-29?

An EOIR-29 Form must be filed with the DHS, USCIS, or U.S. Customs and Border Protection (CBP). The decision you received and chose to appeal should include additional instructions. However, it is not allowed to mail a Notice of Appeal directly to the Board of Immigration Appeals. File Form EOIR-29, proof of payment, and a copy of the denial letter you received from the DHS officer.

If you want to appeal a decision by a USCIS officer who denied a visa petition (Form I-130), you must list the name and alien registration number of the beneficiary at the top of the EOIR-29 Form. You have thirty days from the date the decision was mailed to you to send the appeal.