Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer

U.S. Department of Justice

Executive Office for Immigration Review

Board of Immigration Appeals

OMB No. 1125-0010

Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer

WHERE TO FILE THIS APPEAL:

Do not file this directly with the Board of Immigration Appeals.

This Notice of Appeal must be filed with the Department of Homeland Security (DHS) within 30 calendar days after service of the decision of the DHS Officer. Please read the complete instructions on the back of this form.

1. 

   Fee Stamp (Official Use Only)

   Choose one of the boxes:

I am filing an appeal from a decision of a DHS Officer (e.g., Form I-130 or Form I-360 Widow(er) petition decision):

Name of Beneficiary:

A-Number, if any, of Beneficiary:

Petition Receipt Number:

q

I am filing a different type of appeal from a decision of a DHS Officer (e.g., carrier and fine decision, INA 212(d)(3)(A)(ii) waiver decision, permissible DHS bond decisions):

Name:

A-Number, if any:

Carrier and fine number:

Any other relevant information:

2. I hereby appeal to the Board of Immigration Appeals from the decision of the

issued by ,

(Title of DHS Officer) (Office Where DHS Decision was Issued)

dated in the above titled case.

(Date of DHS Decision)

3. Specify reasons for this appeal. Please refer to Instruction #2 for further guidance. Warning: If the factual or legal basis for the appeal is not sufficiently described, the appeal may be summarily dismissed. Continue on separate sheets if necessary. Include your name, A-Number, or fine number on all additional pages.

4. 

   q

   q

   Do you desire oral argument before the Board of Immigration Appeals? Yes No

5. Do you intend to file a separate written brief or statement after filing this Notice of Appeal? Warning: If you indicate “yes” and fail to do so the appeal may be summarily dismissed. Please refer to the Instructions for further information. Yes No
   
   
   

6. Signature of Appellant/Petitioner (or Attorney or Representative who has filed a Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals (Form EOIR-27)) and address information, including safe address for Appellant/Petitioner.

Date Signature of Appellant/Petitioner (or Attorney/Representative)

(Print or Type Name)

Appellant/Petitioner’s Mailing Address

In Care of Name (if any)

Street Number and Name Apartment Number or Unit Number (if any)

City State Zip Code

GENERAL INSTRUCTIONS

(Please read carefully before completing and filing Form EOIR-29)

1. General Information. You are the “appellant” if you are filing an appeal from a decision of a DHS Officer. The Notice of Appeal (Form EOIR-29) asks for specific details about the underlying petition you filed with DHS. Please refer to the decision of the DHS Officer for specific appeal instructions and for the requested details about the underlying application you filed with DHS.

2. Filing. You must file this Notice of Appeal with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), or U.S. Customs and Border Protection (CBP). If the decision was handed to you by a DHS Officer, you must file this Notice of Appeal within 30 calendar days. If the decision was mailed to you by DHS, this Notice of Appeal must be received within 30 calendar days from the date the decision was mailed to you. Follow the instructions included with the decision. Do not send this Notice of Appeal directly to the Board of Immigration Appeals (Board).

If you are appealing a decision by a USCIS Officer denying a family-based visa petition (Form I-130 or Form I-360 Widow(er) Petition Decision), please note the following: List the name and A-number of the beneficiary at the top of Form EOIR-29. The beneficiary or their representative/attorney should not sign Form EOIR-29. Only the Form I-130 petitioner, Form I-1360 Widow(er) self-petitioner, or their attorney/representative should sign Form EOIR-29.

Mailing Address (Safe or Alternate Address, if applicable). List a valid U.S. residence, APO, or commercial address where you can safely and timely receive mail. You may also list a U.S. Post Office address (P.O. Box) if that is how you receive your mail. If your mail is sent to someone other than yourself, please include an “In Care Of Name” as part of your mailing address. If your U.S. mailing address is in a U.S. territory and it contains an urbanization name, list the urbanization name in the “In Care Of Name” space provided.  

3. Review. Most appeals are reviewed by a single Appellate Immigration Judge (AIJ). If you assert that your appeal warrants review by a three-AIJ panel, you may identify the specific factual or legal basis for your contention.

Cases will be reviewed by a three-member panel only if the case presents one of these circumstances;

• The need to establish a precedent construing the meaning of laws, regulations, or procedures;

• The need to review a decision by DHS that is not in conformity with the law or with applicable precedents;

• The need to resolve a case or controversy of major national import;

• The need to resolve a complex, novel, unusual, or reoccurring issue of law or fact; or,

• The need to reverse the decision of DHS, other than a reversal under 8 C.F.R § 1003.1(e)(5).

1. Fees. A fee of one hundred and ten U.S. dollars ($110.00) must be paid for filing this appeal. It cannot be refunded regardless of the action taken on the appeal. All fees must be submitted in the exact amount. Do not mail cash.

   • Payment by bank drafts, cashier’s checks, certified checks, personal checks, and money orders must be drawn on U.S. financial institutions and payable in U.S. funds.

   • If you live in the United States or its territories, make the check or money order payable to U.S. Department of Homeland Security (not “USDHS” or “DHS”).

   • If you live outside the United States or its territories and are filing your application or petition where you live, contact the nearest U.S. Embassy or consulate for instructions on the method of payment.

   • When a check is drawn on the account of a person other than the appellant, the name of the appellant must be entered on the face of the check. Personal checks are accepted subject to collectability. If you pay by check, USCIS will convert it into an electronic funds transfer (EFT). This means USCIS will copy your check and use the account information on it to electronically debit your account for the amount of the check. The debit from your account will usually take 24 hours and your bank will show it on your regular account statement. You will not receive your original check back. USCIS will destroy your original check but will keep a copy of it. If USCIS cannot process the EFT for technical reasons, you authorize USCIS to process the copy in place of your original check.

   • If you are filing your form at a USCIS Lockbox facility, you have the option to pay for your form filing fees using a credit card. Please see Form G-1450, Authorization for Credit Card Transactions, at https://www.uscis.gov/g-1450 for more information.

   • If you are filing your form at a USCIS Field Office, cash, a cashier’s check or money order cannot be used to pay for the filing fee. The only payment options accepted at a field office are payment through pay.gov via a credit card, debit card or with a personal check.

   • Payment that is uncollectable does not satisfy a fee requirement and may result in the rejection of the appeal.

5. Counsel. An appellant may be represented, at no expense to the Government, by an attorney or other duly authorized representative. Only the petitioner, or a self-petitioner, may appeal the denial of a visa petition by DHS. An attorney or authorized representative must file a separate notice of appearance on behalf of the petitioner (Form EOIR-27) with this Notice of Appeal. In presenting and prosecuting this appeal, DHS may be represented by appropriate counsel.

6. Briefs. Briefs, if desired, are filed with DHS, at the same office as the Notice of Appeal (Form EOIR-29) and within the time frame specified by DHS. See 8 C.F.R § 1003.3(c)(2).

7. Oral Argument. The Board will consider every case on the record submitted, whether or not oral arguments are presented. Oral argument may be requested. If approved, you will be notified.

8. Summary Dismissal of Appeal. The Board may summarily dismiss any appeal or portion of any appeal in which:

(1) The appellant fails to specify the reasons for the appeal; (2)The only reason specified by the appellant for his/her appeal involves a finding of fact or conclusion of law which was conceded by him/her at a prior proceeding; (3) The appeal is from an order that granted the appellant the relief that had been requested; (4) The appeal is filed for an improper purpose, such as to cause unnecessary delay, or lacks an arguable basis in fact or law, unless the Board determines that it is supported by a good faith argument for extension, modification, or reversal of existing law; (5) The appellant indicates on Form EOIR-29 that he/she will file a separate brief or statement in support of the appeal and, thereafter, does not file such brief or statement, or reasonably explain his/her failure to do so, within the time set for filing; (6) The appeal does not fall within the Board’s jurisdiction; (7) The appeal is untimely or barred by an affirmative waiver of the right to appeal that is clear on the record; or (8) The appeal fails to meet essential statutory or regulatory requirements or is expressly excluded by statute or regulation.

9. Privacy Act and Paperwork Reduction Act Notice. The information requested on this form is authorized by 8 C.F.R § 1003.3(a)(2) in order to appeal a decision of a DHS Officer. The information you provide is mandatory and required to file an appeal. Failure to provide the requested information may result in rejection of your appeal. EOIR may share this information with others in accordance with approved routine uses described in EOIR’s system of records notices, EOIR-001, Records and Management Information System, and EOIR-003, Practitioner Complaint-Disciplinary Files, or their successors.

Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a valid OMB control number. We try to create forms and instructions that are accurate, can be easily understood, and which impose the least possible burden on you to provide us with information. The estimated average time to complete this form is thirty (30) minutes. If you have comments regarding the accuracy of this estimate, or suggestions for making this form simpler, you can write to the Executive Office for Immigration Review, Office of the General Counsel, 5107 Leesburg Pike, Suite 2600, Falls Church, Virginia 22041 or email [email protected].

For further information please see the Board of Immigration Appeals Practice Manual which is available on the EOIR website at www.justice.gov/eoir.

Form EOIR-29

Rev. August 2024