EOIR · BIA · 8 C.F.R. §1003.3

EOIR-29 — Notice of Appeal to the BIA

The form a noncitizen files to appeal certain USCIS decisions (e.g. I-130 denial, I-360 denial) to the Board of Immigration Appeals. Strict 30-day filing deadline. We prepare the form and the supporting packet at your direction.

Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer, is filed when a noncitizen wants the BIA to review a decision USCIS issued — most commonly a denied I-130 family petition, a denied I-360 widow/VAWA self-petition, or a revoked petition. The appeal must be filed within 30 calendar days of the USCIS decision; the deadline is jurisdictional and missing it generally ends the case.

When EOIR-29 applies

  • USCIS denied or revoked a petition where the regulations specifically allow appeal to the BIA (most family-based I-130 cases).
  • The petition decision letter expressly states "you may appeal to the BIA on Form EOIR-29."
  • You file within 30 days of the date of the decision (calendar days, not business days — count carefully).

When EOIR-29 does NOT apply

  • USCIS decisions that route to the Administrative Appeals Office (AAO) — those use Form I-290B, not EOIR-29.
  • Decisions of an immigration judge in removal proceedings — those use Form EOIR-26 (appeal to the BIA from an IJ decision).
  • Asylum denials referred to immigration court — there is no separate appeal; the case continues in court.

What we prepare

EOIR-29 package preparation
  • Form EOIR-29 with the basis for appeal and the briefing-statement box completed correctly (filed within 30 days).
  • Filing-fee package or fee waiver (Form EOIR-26A) where the appellant qualifies.
  • Copy of the USCIS decision being appealed.
  • Service of the appeal on the opposing party (DHS), with Proof of Service.
  • Optional brief organization — the appellate brief is a legal argument and is best prepared with a licensed attorney; we organize and index supporting exhibits the attorney decides to include.

What we do not do

Imverica does not represent clients in immigration proceedings. Appeals to the BIA involve legal argument about immigration law, regulations, and case precedent — that is the practice of law and requires a licensed attorney or BIA-accredited representative. As a California Legal Document Assistant and Immigration Consultant, we prepare the form, organize supporting exhibits, and meet the strict 30-day deadline at your direction. The substantive legal brief and any oral argument must come from your attorney. We maintain a referral list of California immigration attorneys experienced in BIA appeals.

Authority: 8 C.F.R. §§1003.3, 1003.38 (filing requirements for appeals to the BIA); EOIR Practice Manual (most recent); INA §242 (judicial review). Court representation requires a licensed attorney or BIA-accredited representative.

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Flat-fee pricing. No legal advice — document preparation only, at your direction. Multilingual intake in English, Russian, Ukrainian, and Spanish.

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