Draft Revised Form EOIR-29

0MB No. 1125-0010

Notice of Appeal to the Board of Immigration
Appeals from a Decision of a DHS Officer

U.S. Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals

WHERE TO FILE THIS APPEAL:

Do not file this directly with the Board of Immigration Appeals.
This Notice of Appeal must be filed with the Department of Homeland Securi1y (DHS) within 30 calendar days after service of the decision
of the DHS Officer. Please read the oomplete instructions on the back of this form.

1.

□

Choose one of the boxes:
I am filing an appeal from a decision of a DHS Officer
(e.g., Visa Petition (1-130) decision):

Fee Stamp (Official Use Only)

Name of Beneficiary:
A-Number, if any, of Beneficiary:
Petition Form Number:

D

I am filing a different type of appeal from a decision of a DHS Officer (e.g., carrier and
fine decision, INA 212(d)(3)(A)(ii) waiver decision, permissible DHS bond decisions):
Name:
A-Number, if any:
Carrier and fine number:
Any other relevant information:

2.

I hereby appeal to the Board of Immi gration Appeals from the decision of the
(Title of DHS Officer)

issued by_____________,
(Office Where DHS Decision was Issued}

dated __________________in the above titled case.
(Date of DHS Decision)

3. Specify reasons for this appeal and continue on separate sheets if necessary. Please refer to
Instruction #2 for further guidance. Warning: If the factual or legal basis for the appeal is not
sufficiently described, the appeal may be summarily dismissed.

D

D

4.

Do you desire oral argument before the Board oflmmigration Appeals?

5.

Do you intend to file a separate written brief or statement after filing this Notice of Appeal?
Warning: Ifyou indicate "yes" and fail to do so the appeal may be summarily dismissed. Please refer
to the Instructions for further information.
D Yes D No

Date

Yes

No

Signature of Appellant/Petitioner (or Attorney or Representative)

(Print or Type Name)
Address (Number, Street, City, State, Zip Code)

Fo!TII EOIR-29
Revised March 2021

GENERAL INSTRUCTIONS
(Please read carefully before completing and filing Form EOIR-29)
1. General Information. You are the "appellant" if you are filing an appeal from a decision of a DHS Officer. The Notice
of Appeal (Form EOIR-29) asks for specific details about the underlying application you filed with DHS. Please refer to
the decision of the DHS Officer for specific appeal instructions and for the requested details about the underlying
application you filed with DHS.
2. Filing. You must file this Notice of Appeal with the Department of Homeland Security (DHS), U.S. Citizenship and
Immigration Services (USCIS), or U.S. Customs and Border Protection (CBP). If the decision was handed to you by a
DHS Officer, you must file this Notice of Appeal within 30 calendar days. If the decision was mailed to you by DHS, this
Notice of Appeal must be received within 30 calendar days from the date the decision was mailed to you. Follow the
instructions included with the decision. Do not send this Notice of Appeal directly to the Board of Immigration Appeals
(Board).
If you are appealing a decision by a USC IS Officer denying a visa petition (I- 130 application), please note the following:
List the name and "A" number of the beneficiary at the top of Form EOIR-29. The beneficiary is not allowed to sign
Form EOIR-29. Only the petitioner, or a self-petitioner, is allowed to si gn Form EOIR-29.
3. Review. Most appeals are reviewed by a single Appellate Immigration Judge (AIJ). If you assert that your appeal
warrants review by a three-AIJ panel, you may identify the specific factual or legal basis for your contention.
Cases will be reviewed by a three-AIJ panel only if the case presents one of these circumstances:
- The need to establish a precedent construing the meaning of laws, regulations, or procedures;
- The need to review a decision by DHS that is not in conformity with the law or with applicable precedents;
- The need to resolve a case or controversy of major national import;
- The need to resolve a complex, novel, or unusual, or recurring issue of law or fact; or,
- The need to reverse the decision of DHS, other than a reversal under 8 C.F.R § 1003.l(e)(S).
4. Fees. A fee of one hundred and ten U.S. dollars ($110. 00) must be paid for filing this appeal. It cannot be refunded
regardless of the action taken on the appeal. All fees must be submitted in the exact amount. Do not mail cash.
Payment by bank drafts, cashier's checks, certified checks, personal checks, and money orders must be drawn
on U.S. financial institutions and payable in U.S. funds.
If you live in the United States or its territories, make the check or money order payable to U.S. Department
of Homeland Security (not "USDHS" or "DHS").
If you live outside the United States or its territories, and are filing your application or petition where you
live, contact the nearest U.S. Embassy or consulate for instructions on the method of payment.
When a check is drawn on the account of a person other than the appellant, the name of the appellant must be
entered on the face of the check. Personal checks are accepted subject to collectability. If you pay by check,
USCIS will convert it into an electronic funds transfer (EFT). This means USCIS will copy your check and usethe
account information on it to electronically debit your account for the amount of the check. The debit from your
account will usually take 24 hours and your bank will show it on your regular account statement. You will not
receive your original check back. USCIS will destroy your original check, but will keep a copy of it. If USCIS
cannot process the EFT for technical reasons, you authorize USCIS to process the copy in place of your original
check.
If you are filing your form at a USCIS Lockbox facility, you have the option to pay for your fotm filing fees
using a credit card. Please see Form G-1450, Authorization for Credit Card Transactions, at
https://www.uscis.gov/g- 1450 for more information.
If you are filing your form at a USCIS Field Office, cash, a cashier's check or money order cannot be used to pay
Form EOIR-29
Revised March 2021

for the filing fee. The only payment options accepted at a field office are payment through pay.gov via a credit
card, debit card or with a personal check.
Payment that is uncollectable does not satisfy a fee requirement and may result in the rejection of the appeal.
5. Counsel An appellant may be represented, at no expense to the Government, by an attorney or other duly authorized
representative. Only the petitioner, or a self-petitioner, may appeal the denial of a visa petition by DHS. An attorney
or authorized representative must file a separate notice of appearance on behalf of the petitioner (Form EOIR-27)
with this Notice of Appeal. In presenting and prosecuting this appeal, DHS may be represented by appropriate
counsel.
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 frame specified by DHS. See 8 C.F.R § 1003.3(c)(2).
7. Oral Argument. The Board will consider every case on the record submitted, whether or not oral arguments
are presented. Oral argument may be requested. If approved, you will be notified.
8. Summary Dismissal of Appeal The Board may summarily dismiss any appeal or portion of any appeal in
which:
(1) The appellant fails to specify the reasons for the appeal;
(2) The only reason specified by the appellant for his/her appeal involves a finding of fact or conclusion of law which
was conceded by him/her at a prior proceeding; (3) The appeal is from an order that granted the appellant the relief
that had been requested; ( 4) The appeal is filed for an improper purpose, such as to cause unnecessary delay, or lacks
an arguable basis in fact or law, unless the Board determines that it is supported by a good faith argument for extension,
modification, or reversal of existing law; (5) The appellant indicates on Form EOIR-29 that he/she will file a separate
brief or statement in support of the appeal and, thereafter, does not file such brief or statement, or reasonably
explain his/her failure to do so, within the time set for filing; (6) The appeal does not fall within the Board's
jurisdiction; (7) The appeal is untimely or barred by an affirmative waiver of the right to appeal that is clear on the
record; or (8) The appeal fails to meet essential statutory or regulatory requirements or is expressly excluded by
statute orregulation.
9. Privacy Act and Paperwork Reduction Action Notice. The information requested on this form is authorized by8
C.F.R § 1003.3(a)(2) in order to appeal a decision of a DHS officer. The information you provide is mandatory
and required to file an appeal. Failure to provide the requested information mayresult in rejection of your appeal.
EOIR may share this information with others in accordance with approved routine uses described in EOIR's system
of records notices, EOIR- 001, Records and Management Information System, 69 Fed. Reg. 26,179 (May 11,
2004), and EOIR-003, Practitioner Complaint-Disciplinary Files, 64 Fed. Reg. 49237 (September 1999), or their
successors.
Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it
displays a valid 0MB control number. 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 us with information. The estimated
average time to complete this form is thirty (30) minutes. If you have comments regarding the accuracy of this
estimate, or suggestions for making this form simpler, you can write to the Executive Office for Immigration
Review, Office of the General Counsel, 5107 Leesburg Pike, Suite 2600, Falls Church, Virginia 22041.
For further information please see the Board of Immigration Appeals Practice Manual contained in
EOIR's Policy Manual, which is available on the EOIR website atwww.iustice.gov/eoir.

Form EOIR-29
Revised March 2021