Part 2. Information
About Person/Organization Filing Appeal or Motion on Behalf of
Petitioner/Applicant,
Instructional text
and Item Number 1.
|
(Attorney or Board of
Immigration Appeals (BIA) Accredited Representative filing appeal
or motion on behalf of the petitioner/applicant)
If
you are the petitioner or applicant filing an appeal or motion
without an attorney or representative accredited by the BIA, skip
this part, and proceed to Part 3.
1.
[checkbox] I am an attorney or representative accredited by the
BIA. (If you check this box, you must
attach a new
Form G-28, Notice of Entry of Appearance as Attorney or
Representative, signed by the attorney or representative named on
Form G-28.
|
Are
you an attorney or representative accredited by the Board of
Immigration Appeals (BIA) filing this appeal or motion on behalf
of the petitioner/applicant?
[checkbox]
Yes [checkbox] No
If
you check Yes for this question, you
must attach a new Form G-28, Notice of Entry of Appearance as
Attorney or Representative, signed by the attorney or accredited
representative named on the Form G-28.
[A
Yes response will trigger display of the data elements to collect
the attorney’s/accredited representative’s
information.
A
No response will not display these data elements, as they are not
required if the filer is the petitioner or applicant.]
|
Part 2., Item Number
2.a. – 2.c.
|
2.a. Family Name (Last
Name)
2.b.
Given Name (First
Name)
2.c.
Middle Name
|
Family Name (Last
Name)
Given
Name (First Name)
[checkbox]
No Given Name
Middle
Name
[checkbox]
No Middle Name
|
Part 3. Information
About the Appeal or Motion, Instructional text
|
You must check only one box
indicating that you are filing an appeal or a motion, not both. If
more than one box is selected, your filing will be rejected.
(DO NOT use this form if
you are filing an appeal of a denial or a revocation of an
approved Form I-130 (Petition for Alien Relative), or a Petition
for Widow(er) filed on a Form I-360. Those appeals must be filed
with the Board of Immigration Appeals (BIA) using Form EOIR-29.
|
Check
the box below indicating that you are filing an appeal or a
motion, not both. You may select only one option.
[Appeal
and Motion selections are the same as on the paper form.]
If
any of the three Appeal options is selected, the following
language will be displayed:
Appeals:
1.
Brief
You do not need to
submit a brief in support of your appeal. If you do submit a brief
and/or additional evidence, you may submit these materials at the
time of initial filing of the Notice of Appeal or Motion (I-290B)
or within 30 days of filing.
Any brief and/or additional
evidence submitted after the initial filing of the Notice of
Appeal or Motion must be submitted directly to the AAO. Click here
for the correct submission address.
Any brief and additional
evidence must specifically reference the appeal for which it is
being submitted. If an affected party has filed multiple appeals
with the AAO, separate copies of the brief and evidence must be
provided for each individual appeal. Failure to do so may result
in the return of the brief or evidence to the individual or entity
that submitted it and preclude such material from
consideration.
If you need more than 30 calendar days to
submit a brief, you must make a written request to the AAO within
30 calendar days of filing the appeal. The AAO may grant more time
to submit a brief for good cause.
2.
Oral Argument
You may
request an oral argument before the AAO in Washington, DC in a
letter attached as evidence to this filing. The letter must
explain specifically why an oral argument is necessary (i.e. why
your argument cannot be adequately addressed in writing). If your
request is granted, the AAO will contact you about
setting
the date and time. The U.S. Government does not furnish
interpreters for oral arguments.
If
any of the three motion options is selected, the following
language will be displayed:
Motions:
(a)
If you file a motion to reopen, the motion must be accompanied by
new facts and/or documentary evidence that establish eligibility
at the time of filing the initial petition or application
(b)
If you file a motion to reconsider, you must provide the citations
to the statute, regulation, or precedent decisions that serve(s)
as the basis for your motion to reconsider. The motion must
establish that the decision was based on an incorrect application
of law or policy, and that the decision was incorrect based on the
evidence of record at the time of the decision.
(c) No
additional time will be permitted to submit supplementary
arguments or evidence in support of a motion to reopen or
reconsider after the Notice of Appeal or Motion has been filed.
|
Part 3. Item Number 3.
|
3. USCIS Form for which you
are filing an Appeal or Motion to Reopen/Reconsider (e.g., I-140,
I-360, I-129, I-485, I-601, etc.)
[text
field/drop down]
|
USCIS
Form for which you are filing an Appeal or Motion to
Reopen/Reconsider [drop down only]
|
Part 4. Basis for the
Appeal or Motion
|
On a separate sheet of
paper, you must provide a statement regarding the basis for the
appeal or motion. You must include your name and A-Number or USCIS
ELIS Account Number on the top of each sheet.
Appeal:
Provide a statement that specifically identifies an erroneous
conclusion of law or face in the decision being appealed.
Motion
to Reopen: The
motion must state new facts and must be supported by affidavits
and/or documentary evidence that establish eligibility at the time
the underlying petition or application was filed.
Motion to Reconsider:
The motion must be supported by citations to appropriate statutes,
regulations, or precedent decisions and must establish that the
decision was based on an incorrect application of law or policy,
and that the decision was incorrect based on the evidence of
record at the time of decision.
|
[Depending
on the selection made above (appeal or type of motion), the
instruction language will display above a text entry field to
allow the filer to enter their statement in the electronic
environment, rather than on a separate sheet of paper, as in the
paper filing environment.]
If
any of the three appeal
options is selected, the Appeal language will be displayed:
Appeal:
Provide a statement that specifically identifies an erroneous
conclusion of law or fact in the decision being appealed.
If
motion to reopen
is selected, the motion to reopen language will be displayed:
Motion
to Reopen: The motion must state
new facts and be supported by affidavits and/or documentary
evidence that establish eligibility at the time the underlying
petition or application was filed.
If
motion to reconsider
is selected, the motion to reconsider language will be displayed:
Motion
to Reconsider: The motion must be supported by citations to
appropriate statutes, regulations, or precedent decisions and must
establish that the decision was based on an incorrect application
of law or policy, and that the decision was incorrect based on the
evidence of record at the time of decision.
If
motion to reopen and
motion to reconsider
is selected, both reopen and reconsider language will be
displayed:
Motion
to Reopen: The motion must state
new facts and be supported by affidavits and/or documentary
evidence that establish eligibility at the time the underlying
petition or application was filed.
Motion
to Reconsider: The motion must be supported by citations to
appropriate statutes, regulations, or precedent decisions and must
establish that the decision was based on an incorrect application
of law or policy, and that the decision was incorrect based on the
evidence of record at the time of decision.
|
Part 5. Signature of
Person Filing the Appeal/Motion or His or Her Authorized
Representative
|
By signing below, I certify
under penalty of perjury under the laws of the United States of
America that the information provided on this form, and the
documents submitted in support are true and correct.
|
Language
in the USCIS ELIS environment will reflect the fact that a
signature is being collected electronically (e-signature), and may
include additional language explaining the ramifications of
e-filing this form with USCIS. The language may also be slightly
different depending on whether the form is being filed through a
Legal Representative Account or an Applicant Account.
|