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INSTRUCTIONS

Filing.

You must file this Notice of Appeal with the

Counsel. An appellant may be represented, at no expense

Department of Homeland Security (DHS), U.S. Citizenship

to the Government, by an attorney or other duly authorized

and Immigration Services (USCIS). If the decision was hand-

representative. Only the petitioner may appeal the denial of

ed to you by a USCIS Officer, you must file this Notice of

a visa petition by USCIS. An attorney or authorized repre-

Appeal within 30 calendar days. If the decision was mailed to

sentative must file a separate notice of appearance on behalf

you by the USCIS, this Notice of Appeal must be received

of the petitioner (Form EOIR-27) with this Notice of Appeal.

within 30 calendar days from the date the decision was mailed

In presenting and prosecuting this appeal, the USCIS may be

to you. Follow the instructions included with the USCIS deci-

represented by appropriate counsel.

sion. Do not send this Notice of Appeal directly to the Board

of Immigration Appeals (Board).

Briefs. When a brief is filed, it shall be submitted to the

USCIS office having administrative control over the Record

If you are appealing a decision by a USCIS officer denying

of Proceedings in this matter within the time designated by

a visa petition (I-130 application), please note the following:

the USCIS. A copy shall be served on the opposing party.

List the name and “A” number of the beneficiary at the top

The USCIS, or the Board, for good cause, may extend the

of Form EOIR-29. The beneficiary is not allowed to sign

time of filing a brief or reply brief. The Board, in its discre-

Form EOIR-29. Only the petitioner is allowed to sign Form

tion, may authorize the filing of briefs directly with the

EOIR-29.

Board. Reply briefs are allowed by leave of the Board.

2. Review. Most appeals are reviewed by a single Board

6. Oral Argument. The Board will consider every case on the

Member. If you assert that your appeal warrants review

record submitted, whether or not oral representations are

by a three-Board Member panel, you may identify the

made. Oral argument may be requested. If approved, you

specific factual or legal basis for your contention.

will be notified.

Cases will be reviewed by a three-member panel only if the

Summary Dismissal of Appeal. The Board may summarily

case presents one of these circumstances:

dismiss any appeal or portion of any appeal in which:

(1) The appellant fails to specify the reasons for the appeal;

- The need to establish a precedent construing the meaning

(2) The only reason specified by the appellant for his/her

of laws, regulations, or procedures;

appeal involves a finding of fact or conclusion of law which

- The need to review a decision by the USCIS that is not

was conceded by him/her at a prior proceeding; (3) The

in conformity with the law or with applicable precedents;

appeal is from an order that granted the appellant the relief

- The need to resolve a case or controversy of major

that had been requested; (4) The appeal is filed for an

national import;

improper purpose, such as unnecessary delay, or lacks an

- The need to reverse the decision of the USCIS, other than

arguable basis in fact or law, unless the Board determines

a reversal under 8 C.F.R § 1003.1(e)(5).

that it is supported by a good faith argument for extension,

modification, or reversal of existing law; (5) The appellant

Fees. A fee of one hundred and ten U.S. dollars ($110.00)

indicates on Form EOIR-29 that he/she will file a separate

must be paid for filing this appeal. It cannot be refunded

brief or statement in support of the appeal and, thereafter,

regardless of the action taken on the appeal. All fees must

does not file such brief or statement, or reasonably explain

be submitted in the exact amount. Do not mail cash. Pay-

his/her failure to do so, within the time set for filing; (6) The

ment by check or money order must be drawn on a bank or

appeal does not fall within the Board’s jurisdiction; (7) The

other institution located in the United States and be payable

appeal is untimely or barred by an affirmative waiver of the

in United States currency. If appellant resides in Guam, the

right to appeal that is clear on the record; or (8) The appeal

check or money order must be payable to the “Treasurer of

fails to meet essential statutory or regulatory requirements or

Guam.” If appellant resides in the Virgin Islands, the check

is expressly excluded by statute or regulation.

or money order must be payable to the “Commissioner of

Finance of the Virgin Islands.” All other appellants must make

For further guidance please see the Board of Immigration

the check or money order payable to the “Department of

Appeals Practice Manual and Questions and Answers, which

Homeland Security.” When a check is drawn on the account

are available on the EOIR website at

of a person other than the appellant, the name of the appellant

must be entered on the face of the check. If the appeal is

Under the Paperwork Reduction Act, a person is not required to respond to

submitted from outside the United States, remittance may be

a collection of information unless it displays a valid OMB control number.

made by bank international money order or foreign draft

We try to create forms and instructions that are accurate, can be easily

drawn on a financial institution in the United States and

understood, and which impose the least possible burden on you to provide

payable to the “Department of Homeland Security” in

us with information. The estimated average time to complete this form is

thirty (30) minutes. If you have comments regarding the accuracy of this

United States currency. Personal checks are accepted subject to

estimate, or suggestions for making this form simpler, you can write to the

collectibility. An uncollectible check will render the appeal

Executive Office for Immigration Review, Office of the General Counsel,

invalid.

5107 Leesburg Pike, Suite 2600, Falls Church, Virginia 22041.

Form EOIR-29

Revised April 2009

U.s. Department Of Justice Form Eoir-29 - Notice Of Appeal To The Board Of Immigration - Appeals From A Decision Of A Uscis Officer Page 2

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