To file Form EOIR-29, send the completed notice of appeal to the DHS office that denied your petition within 30 calendar days of the decision, along with a copy of the denial letter and the $1,030 filing fee. The form goes to USCIS (or CBP, if that agency issued the decision), not directly to the Board of Immigration Appeals. Your denial letter tells you the exact address.
Which Denials Form EOIR-29 Covers
EOIR-29 is the appeal form for a narrow set of DHS officer decisions. You can use it to challenge a denial of Form I-130, the Petition for Alien Relative that a U.S. citizen or lawful permanent resident files to sponsor a family member. It also covers denials of Form I-360, but only when that petition was filed as a widow or widower petition.1U.S. Citizenship and Immigration Services. EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer
Two boundaries matter. First, if an immigration judge denied something in removal proceedings, that appeal goes on Form EOIR-26, not EOIR-29.2U.S. Department of Justice. Notice of Appeal from a Decision of an Executive Office for Immigration Review EOIR-29 is exclusively for decisions made by DHS officers.3Executive Office for Immigration Review. Types of Appeals, Motions, and Required Fees Second, if your I-485 adjustment of status was denied along with the I-130, the I-485 follows a separate appeals or motions process. EOIR-29 reaches only the underlying petition. Your denial notice will confirm whether an appeal is available and which form applies.4U.S. Citizenship and Immigration Services. Questions and Answers: Appeals and Motions
The 30-Day Deadline
You have 30 calendar days from the date USCIS serves you with the denial to get Form EOIR-29 into the hands of the correct DHS office. The appeal is not filed until the office actually receives it with all required documents and the fee.5eCFR. 8 CFR 1003.3 – Notice of Appeal If the decision was handed to you in person, day one is that day. If it was mailed, the 30 days run from the mailing date, not the date you opened the envelope.6U.S. Citizenship and Immigration Services. Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer
There is no built-in extension for mail transit. An appeal that arrives on day 31 is untimely. Use overnight delivery with tracking, and file well before the last day.
What to Gather Before You Start
Have these in front of you before filling out the form:
- The USCIS denial letter. You must attach a copy, and it also gives you the address to file at.1U.S. Citizenship and Immigration Services. EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer
- The beneficiary’s Alien Registration Number (A-Number), which appears on USCIS correspondence and on any green card or employment authorization document.
- The petition receipt number USCIS assigned to your I-130 or I-360, usually three letters followed by digits.
- The exact date of the decision as shown on the denial letter.6U.S. Citizenship and Immigration Services. Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer
- The $1,030 filing fee, or a completed Form I-912 fee waiver request.
- Form EOIR-27, if a lawyer or accredited representative will handle the appeal.
Filling Out the Form
The form is one page. At the top, list the beneficiary’s name and A-Number, then the petition receipt number. In the body, identify the title of the DHS officer who made the decision, the office where the decision was issued, and the decision date. Every one of those items is printed on your denial letter.
The reasons section is the part that decides many appeals. Write specifically why the denial was wrong: whether the officer misapplied the law, ignored evidence, or made a factual error. A statement like “the decision was incorrect” is not enough. The Board can summarily dismiss an appeal when the filer fails to identify the specific findings or conclusions being challenged.7Executive Office for Immigration Review. 3.16 – Summary Dismissal
The form asks whether you want oral argument. The Board grants it at its discretion and rarely does so. If your request is denied, the Board simply decides on the written record.8U.S. Department of Justice. Board of Immigration Appeals Practice Manual Requesting it costs nothing.
The last question asks whether you plan to submit a separate brief after filing. Marking “yes” is a commitment. If you fail to file the brief by the deadline, the Board can summarily dismiss the whole appeal.6U.S. Citizenship and Immigration Services. Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer If you are unsure, mark “no” and put your full argument on the form itself or in an attachment filed at the same time.
Sign the form. USCIS rejects unsigned forms. Confirm you are using the current edition; the edition date must be visible at the bottom of every page, and all pages must come from the same edition.1U.S. Citizenship and Immigration Services. EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer
Paying the Fee
The fee is $1,030.3Executive Office for Immigration Review. Types of Appeals, Motions, and Required Fees Because you file with a DHS office, you use USCIS payment methods. USCIS no longer accepts personal checks, business checks, money orders, or cashier’s checks for paper-filed forms unless you qualify for an exemption. Pay by credit, debit, or prepaid card using Form G-1450, or authorize an ACH debit from a U.S. bank account using Form G-1650. If you qualify for an exemption from electronic payment, include Form G-1651 with your paper payment.1U.S. Citizenship and Immigration Services. EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer
If you cannot afford the fee, submit Form I-912 to request a waiver. You have to show inability to pay.9U.S. Citizenship and Immigration Services. I-912, Request for Fee Waiver Your appeal is not properly filed until the fee is paid or the waiver is granted, so filing without addressing the fee leaves the 30-day clock running against an incomplete submission.5eCFR. 8 CFR 1003.3 – Notice of Appeal
Where to Send It
Do not mail Form EOIR-29 to the Board of Immigration Appeals. It goes to the DHS office that issued the denial, usually a USCIS office, though in some cases a CBP office.6U.S. Citizenship and Immigration Services. Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer The specific address is on your denial letter. That office processes the appeal, assembles the record, and forwards it to the Board.
All documents must be in English. Any supporting materials in another language need a certified English translation.5eCFR. 8 CFR 1003.3 – Notice of Appeal
If Someone Else Is Filing for You
You do not need a lawyer, but immigration appeals turn on legal arguments that are difficult to frame without training. If an attorney or a representative accredited by a Board-recognized organization takes the case, that person files Form EOIR-27 with the appeal.1U.S. Citizenship and Immigration Services. EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer Without it, the Board will not recognize them as your representative.
If someone only helps you prepare paperwork without formally representing you, Form EOIR-60 goes in with the appeal instead.5eCFR. 8 CFR 1003.3 – Notice of Appeal
If You Said You Would File a Brief
If you marked “yes” on the brief question, the Board sets a briefing schedule after receiving the record. In non-detained cases, each party generally has 21 calendar days to file an initial brief.10Executive Office for Immigration Review. 3.7 – Briefing Deadlines Missing that deadline without explanation is one of the most common reasons appeals get dismissed.
Briefs are capped at 30 pages for the argument body. That count includes headings, footnotes, quotations, the statement of facts, issues presented, standard of review, and conclusion. Cover pages, tables of contents, tables of citations, signature blocks, certificates of service, and addenda do not count. Going over 30 pages requires a motion to extend the limit, which the Board disfavors. Use 8½-by-11-inch white paper, one-sided, in a readable font (the Board prefers Times New Roman 12-point), double-spaced with single-spaced footnotes.11Executive Office for Immigration Review. 2.3 – Documents
Mistakes That Get Appeals Dismissed Without a Merits Review
The Board can throw out an appeal before ever weighing the arguments. The most common reasons are:
- The form and any attachments do not identify specific findings of fact or legal conclusions being challenged.
- You marked “yes” to a separate brief and never filed it, with no explanation.
- The appeal reached the DHS office after the 30-day deadline.
- The Board has no jurisdiction because the decision is not one EOIR-29 covers.
- You previously waived your right to appeal.7Executive Office for Immigration Review. 3.16 – Summary Dismissal
What Happens After You File
Once the DHS office accepts your appeal, it compiles the full record of proceedings, including the original petition, the officer’s decision, evidence submitted, and your appeal papers, and ships everything to the Board in Falls Church, Virginia. That administrative transfer can take weeks by itself.
The Board aims to decide cases within 180 days, though I-130 and I-360 appeals often run six to eighteen months depending on complexity. Most DHS-officer appeals are decided by a single Board member rather than a three-member panel, unless the case is referred for panel review.
The Board looks at whether the USCIS officer applied the law correctly and whether the factual findings hold up on the record. It can sustain the denial, reverse it, or send the case back to USCIS. If the Board rules against you, you may be able to file a motion to reconsider or reopen with the Board, or, in some circumstances, seek judicial review in federal court.