Every immigration process is susceptible to being denied or delayed. It could even face structural challenges and require more rigorous attention. However, to push against certain unfavorable decisions, you need Form EOIR-29.
Note, however, that you can only file this form with respect to a previously filed Form I-130 or Form I-360 Widow(er) with USCIS. It’s confusing – but you must file the correct appeal form. Many denials cannot be appealed, but of those that can, many are filed not on Form EOIR-29, but on Form I-290B. If you are appealing a decision of an immigration judge in removal (deportation) proceedings, the form is EOIR-26.
What is Form EOIR-29?
Form EOIR-29 is also known as Notice of Appeal to the Board of Immigration Appeals from a Decision of an Immigration Officer. It will allow you to appeal a case when an immigration officer did not approve your application.
USCIS terms marriages that are not accepted as sham marriages. This means they consider it took place only to receive an American visa. Yet, if your marriage was rejected, you have the right to appeal. To challenge the decision, complete form EOIR-29.
Who needs an EOIR-29 Form?
The USCIS Form EOIR-29 is the Notice of Appeal document which is forwarded to the Board of Immigration Appeals(BIA). It serves to inform the BIA that you wish to appeal an unfavorable decision regarding a previously filed document. Basically, this form is what you need if you believe that the denial of your application was unjust.
When Should I Refile Instead of Appealing?
It is noteworthy that you can only file the USCIS Form EOIR-29 in certain conditions. You cannot file EOIR-29 in case of visa denial by a Department of State overseas consular office. You also cannot file EOIR-29 for any form other than I-130 or I-360.
Only file the Form EOIR-29 if you wish to appeal a decision concerning a previously filed Form I-130 or Form I-360 Widow(er).
Note: As with any appeal form, sometimes it is not a good idea to appeal. You can usually refile the same petition that was denied. Whether you should appeal or refile is a very important decision – one that cannot be made without the assistance of an experienced immigration lawyer. Why? Because many factors go into this decision:
1) whether the case was properly filed
2)whether the error you are alleging is serious enough to warrant reversal
3) local office peculiarities that may shift the decision one way or another. Do yourself a favor and don’t try to figure this out without help!
Simple Instructions For Form EOIR-29
To begin processing your petition, you must first secure a copy of the form. As it stands, the USCIS official website has a free download link for the Form EOIR-29 pdf. Click here to download.
However, if unable to access the forms on USCIS’s official website, you can put a call through to the USCIS Contact Center at 1-800-375-5283, for a printed copy of the form.
- Answer all questions correctly or to the best of your knowledge. If a question doesn’t apply to you, type or print “N/A” in response.
- You can only fill this form in black ink. You either type or print legibly in black ink.
- For your petition to be recognized, ensure that your signatures are handwritten. Don not use any stamped or typewritten name in place of a handwritten signature.
- The immigration Form EOIR-29 comes with a filing fee of $110. Note that when you pay, you’re agreeing to pay for government service. Hence, the $110 filing fee is non-refundable.
- To ensure that your form gains approval, you must attach a copy of the letter of denial that you received from USCIS.
- Submit all evidence and supporting documentation at the time of your filing the form. You must submit only duplicate copies, unless USCIS requests originals.
- Submit all evidence and supporting documents in the English language. Otherwise, provide a fully translated and certified version of such documents. Note: you must also provide the version in the original language. Submitting only English translations will result in a rejection or Request for Evidence, which will delay the process.
Aside from these simple instructions please find the full instructions for Form EOIR-29 instruction on the USCIS website.
Cons Of Filling The Form Incorrectly
Mistakes come with penalties that are never in your favor. Failure to fill the Form EOIR-29 correctly will lead to a denial. Thus, you would need to file the form again, which is an additional $110 filing fee.
Also, depending on the gravity of your error, you may be subject to criminal prosecution. Furthermore, you may even be fined a substantial amount of money besides your filing fee.
But most commonly, you will lose the chance to win the immigration benefit for yourself or your loved one.
However, where the error in your application is made by USCIS, such errors will be rectified without any penalty to you.
Get It Right The First Time! Contact Us!
To avoid errors and delays in filing your Form EOIR-29, you need to get it right on the first try. That’s where you need our services at the HMA Law Firm.
With a proven track record in efficiently handling immigration applications for clients, we can help you with yours. With just minutes of discussion at our consultation, we guarantee you results.
Fix an appointment with one of our expert immigration attorneys today, and let’s help you reverse that unfavorable decision.