Form Eoir-29 - Notice Of Appeal To The Board Of Immigration Appeals From A Decision Of A Dhs Officer Page 2
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1
2GENERAL INSTRUCTIONS
(Please read carefully before completing and filing Form EOIR-29)
representative. Only the petitioner, or a self-petitioner, may
1. General Information. You are the “appellant” if you are
appeal the denial of a visa petition by USCIS. An attorney
filing an appeal from a decision of a DHS Officer. The Notice
or authorized representative must file a separate notice of
of Appeal (Form EOIR-29) asks for specific details about the
appearance on behalf of the petitioner (Form EOIR-27) with
underlying application you filed with DHS. Please refer to the
this Notice of Appeal. In presenting and prosecuting this
decision of the DHS Officer for specific appeal instructions
appeal, DHS may be represented by appropriate counsel.
and for the requested details about the underlying application
you filed with DHS.
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
2.
Filing. You must file this Notice of Appeal with the
frame specified by DHS. See 8 C.F.R § 1003.3(c)(2).
Department of Homeland Security (DHS), U.S. Citizenship and
Immigration Services (USCIS). If the decision was handed to
you by a USCIS Officer, you must file this Notice of Appeal
7. Oral Argument. The Board will consider every case on the
within 30 calendar days. If the decision was mailed to you by
record submitted, whether or not oral arguments are
USCIS,
presented. Oral argument may be requested. If approved,
this Notice of Appeal must be received within 30 calendar days
you will be notified.
from the date the decision was mailed to you. Follow the
instructions included with the USCIS decision. Do not send this
8. Summary Dismissal of Appeal. The Board may summarily
Notice of Appeal directly to the Board of Immigration Appeals
dismiss any appeal or portion of any appeal in which:
(Board).
(1) The appellant fails to specify the reasons for the appeal;
(2) The only reason specified by the appellant for his/her
If you are appealing a decision by a USCIS Officer denying
appeal involves a finding of fact or conclusion of law which
a visa petition (I-130 application), please note the following:
was conceded by him/her at a prior proceeding; (3) The
List the name and “A” number of the beneficiary at the top
appeal is from an order that granted the appellant the relief
of Form EOIR-29. The beneficiary is not allowed to sign
that had been requested; (4) The appeal is filed for an
Form EOIR-29. Only the petitioner, or a self-petitioner, is
improper purpose, such as to cause unnecessary delay, or lacks an
allowed to sign Form EOIR-29.
arguable basis in fact or law, unless the Board determines
that it is supported by a good faith argument for extension,
3. Review. Most appeals are reviewed by a single Board
modification, or reversal of existing law; (5) The appellant
Member. If you assert that your appeal warrants review by a
indicates on Form EOIR-29 that he/she will file a separate
three-Board Member panel, you may identify the specific
brief or statement in support of the appeal and, thereafter,
factual or legal basis for your contention.
does not file such brief or statement, or reasonably explain
his/her failure to do so, within the time set for filing; (6) The
Cases will be reviewed by a three-member panel only if the
appeal does not fall within the Board’s jurisdiction; (7) The
case presents one of these circumstances:
appeal is untimely or barred by an affirmative waiver of the
-
The need to establish a precedent construing the meaning
right to appeal that is clear on the record; or (8) The appeal
of laws, regulations, or procedures;
fails to meet essential statutory or regulatory requirements
-
The need to review a decision by USCIS that is not in the
or is expressly excluded by statute or regulation.
conformity with the law or with applicable precedents;
-
The need to resolve a case or controversy of major
9. Privacy Act Notice. The information requested on this form is
national import; or,
authorized by 8 C.F.R § 1003.3(a)(2) in order to appeal a decision
-
The need to reverse the decision of USCIS, other than a
of a DHS officer. The information you provide is mandatory
reversal under 8 C.F.R § 1003.1(e)(5).
and required to file an appeal. Failure to provide the requested
information may result in rejection of your appeal. EOIR may
4.
Fees. A fee of one hundred and ten U.S. dollars
share this information with others in accordance with approved
($110.00) must be paid for filing this appeal. It cannot be
routine uses described in EOIR’s system of records notice, EOIR-
refunded regardless of the action taken on the appeal. All
00l, Records and Management Information System, 69 Fed.
fees must be submitted in the exact amount. Do not mail
Reg. 26,179 (May 11, 2004), or its successors and EOIR-003,
cash. Payment by bank drafts, cashier’s checks, certified
Practitioner Complaint-Disciplinary Files, 64 Fed. Reg. 49237
checks, personal checks, and money orders must be drawn
(September 1999).
on U.S. financial institutions and payable in U.S. funds. If
For further guidance please see the Board of Immigration
you live in the United States or its territories, make the
Appeals Practice Manual which is available on the EOIR
check or money order payable to U.S. Department of
website at
Homeland Security (not “USDHS” or “DHS”). If you live
outside the United States or its territories, and are filing your
Under the Paperwork Reduction Act, a person is not required to respond to a
application or petition where you live, contact the
collection of information unless it displays a valid OMB control number.
nearest U.S. Embassy or consulate for instructions on the
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
method of payment. When a check is drawn on the
us with information. The estimated average time to complete this form is
account of a person other than the appellant, the name of
thirty (30) minutes. If you have comments regarding the accuracy of this
the appellant must be entered on the face of the check.
estimate, or suggestions for making this form simpler, you can write to the
Personal checks are accepted subject to collectability.
Executive Office for Immigration Review, Office of the General Counsel,
Payment that is uncollectable does not satisfy a fee
5107 Leesburg Pike, Suite 2600, Falls Church, Virginia 22041.
requirement and may result in the rejection of the appeal.
Form EOIR-29
Revised July 2015
5. Counsel. An appellant may be represented, at no expense
to the Government, by an attorney or other duly authorized
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