EOIR-29 is the Notice of Appeal to the Board of Immigration Appeals (BIA) from a Decision of a DHS Officer, a form of the U.S. Department of Justice, Executive Office for Immigration Review (EOIR). USCIS describes it as the form for appealing an unfavorable decision on a Form I-130 or, for widow(er) filings only, a Form I-360. You file it with the Department of Homeland Security (DHS), not with the Board. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the agency publishes the original form and instructions at uscis.gov/eoir-29.
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What is EOIR-29?
Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer, is the form an appellant uses to start an appeal to the Board of Immigration Appeals (BIA) from a decision made by an officer of the Department of Homeland Security (DHS).
The form carries OMB No. 1125-0010 and belongs to the U.S. Department of Justice, Executive Office for Immigration Review. It is nevertheless filed with DHS: with U.S. Citizenship and Immigration Services (USCIS) or U.S. Customs and Border Protection (CBP), never directly with the Board.
USCIS says the form is used to appeal an unfavorable decision on a Form I-130, Petition for Alien Relative, or on a Form I-360 for widow(er) filings only. The form also has a second box for other appeals from a DHS officer's decision, such as a carrier and fine decision, an INA 212(d)(3)(A)(ii) waiver decision or a permissible DHS bond decision.
On the form you identify the decision, state the reasons for the appeal, say whether you want oral argument and whether you will file a separate brief, and sign. Most appeals are reviewed by a single Appellate Immigration Judge; a three-member panel reviews a case only in the circumstances the instructions list.
It is not the form for appealing a Department of State consular officer's denial of a visa application (for example DS-157, DS-230 or DS-260).
Who needs to file EOIR-29?
The appellant files Form EOIR-29: the person who received an unfavorable decision from a DHS officer and wants the Board of Immigration Appeals to review it.
- Family-based petitions: for a denied Form I-130 or a denied Form I-360 widow(er) petition, only the petitioner or self-petitioner may appeal. List the beneficiary's name and A-number at the top of the form. The beneficiary, or the beneficiary's representative or attorney, should not sign; only the I-130 petitioner, the I-360 widow(er) self-petitioner or their attorney or representative signs.
- Other DHS decisions: use the second box in item 1 for a different type of appeal from a DHS officer's decision, such as a carrier and fine decision, an INA 212(d)(3)(A)(ii) waiver decision or a permissible DHS bond decision.
- Representatives: an appellant may be represented, at no expense to the Government, by an attorney or other duly authorized representative. That person must file a separate Form EOIR-27, Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals, with this notice.
Do not use this form to appeal a Department of State consular denial of a visa application.
When to file EOIR-29
File Form EOIR-29 with DHS within 30 calendar days after service of the DHS officer's decision. If a DHS officer handed you the decision, you must file within 30 calendar days. If DHS mailed it, DHS must receive the notice within 30 calendar days from the date the decision was mailed to you. Follow any instructions included with the decision.
Timing matters because the Board may summarily dismiss an appeal that is untimely. If you say on the form that you will file a separate brief, file it with the same DHS office as the notice, within the time frame DHS specifies; the instructions cite 8 C.F.R § 1003.3(c)(2). The form sets no other deadline.
Documents you need
- A copy of the denial or revocation letter you received from USCIS; USCIS advises including it so the form is accepted.
- Form EOIR-27, Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals, filed with this notice when an attorney or accredited representative acts for the petitioner.
- Additional sheets for item 3 if the reasons for appeal need more room, each showing your name, A-Number or fine number.
- Payment of the filing fee in the exact amount, by a method the EOIR website and USCIS EOIR-29 page allow; cash, check, money order and cashier's check are not accepted.
How to fill out EOIR-29
Choose the type of appeal
In item 1, check one box: an appeal from a DHS officer's decision such as a Form I-130 or Form I-360 widow(er) petition decision, or a different type of appeal such as a carrier and fine, INA 212(d)(3)(A)(ii) waiver or permissible DHS bond decision.
Identify the beneficiary and petition
For a petition appeal, enter the Name of Beneficiary, the A-Number of Beneficiary, if any, and the Petition Receipt Number. Leave the Fee Stamp area blank; it is for official use only.
Complete the other-appeal details
If you checked the second box, enter the Name, A-Number if any, Carrier and fine number and any other relevant information.
Describe the DHS decision
In item 2, enter the title of the DHS officer, the office where the decision was issued and the date of the DHS decision. Take these details from the decision itself.
State the reasons for the appeal
In item 3, specify the factual or legal basis for the appeal in enough detail to avoid summary dismissal. Continue on separate sheets if needed, with your name, A-Number or fine number on each page.
Answer oral argument and brief questions
In item 4, check Yes or No for oral argument. In item 5, say whether you intend to file a separate written brief; if you check Yes, you must follow through.
Sign and enter your mailing address
In item 6, the appellant or petitioner, or an attorney or representative who filed Form EOIR-27, prints or types the name, signs and dates. Add a valid U.S. residence, APO or commercial mailing address where you can safely receive mail, with an In Care Of Name if mail goes to someone else.
Review and download the completed PDF
Check that the decision details, reasons, signature and address are complete. Download or print the completed PDF from FillingPDF, attach a copy of the denial letter and assemble the package described under How to submit.
How to submit EOIR-29
You submit Form EOIR-29 by mail or delivery service to the DHS office indicated by the USCIS table below. Do not send it directly to the Board of Immigration Appeals.
- USCIS Field Office or National Benefits Center decision, U.S. Postal Service: USCIS Attn: AOS, P.O. Box 20500, Phoenix, AZ 85036-0500.
- Same offices, FedEx, UPS and DHL: USCIS Attn: AOS (Box 20500), 2108 E. Elliot Rd., Tempe, AZ 85284-1806.
- USCIS Service Center decision, U.S. Postal Service: USCIS Attn: EOIR-29, P.O. Box 660939, Dallas, TX 75265-0889.
- Same offices, FedEx, UPS and DHL: USCIS Attn: EOIR-29 (Box 660939), 2501 S. State Hwy. 121 Business, Suite 400, Lewisville, TX 75067-8003.
For a decision issued by another DHS component, follow the instructions that came with the decision. Include a copy of the denial or revocation letter, sign the form (USCIS rejects unsigned forms) and, if you print it, make sure the edition date and page numbers show on every page and all pages come from the same edition.
A filing fee applies. The amount and payment rules are on the EOIR website and the USCIS EOIR-29 page; cash, checks, money orders and cashier's checks are not accepted. Send any later brief to the USCIS office named on the denial or revocation letter. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Sending Form EOIR-29 directly to the Board of Immigration Appeals instead of filing it with DHS (USCIS or CBP).
- Filing after 30 calendar days, or mailing it so that DHS receives it more than 30 calendar days after the decision was mailed; an untimely appeal may be summarily dismissed.
- Describing the factual or legal basis for the appeal too thinly in item 3; the form warns the appeal may be summarily dismissed.
- Answering Yes to item 5 (separate brief) and then not filing the brief, or not reasonably explaining why, within the time set; the appeal may be summarily dismissed.
- Letting the beneficiary or the beneficiary's representative sign an I-130 or I-360 widow(er) appeal; only the petitioner, self-petitioner or their attorney or representative signs.
- Mailing the form unsigned; USCIS rejects any unsigned form.
- Paying the fee by cash, check, money order or cashier's check, or with a payment that cannot be collected; the appeal may be rejected.
- Printing pages from different form editions, or pages without the edition date and page number visible; USCIS may reject the form.
- Appealing a Department of State consular visa denial (DS-157, DS-230 or DS-260) with this form.
Frequently asked questions
What is Form EOIR-29 used for?
Form EOIR-29 is the notice you file to appeal a DHS officer's decision to the Board of Immigration Appeals. USCIS says it is for unfavorable decisions on Form I-130, or on Form I-360 for widow(er) filings only. The form also covers certain other DHS decisions, such as carrier and fine decisions.
Where do I file the EOIR-29?
File it with DHS, not with the Board. For a USCIS decision, mail it to the address in the USCIS table: Phoenix (AOS) addresses for Field Office or National Benefits Center decisions, and Dallas or Lewisville (EOIR-29) addresses for Service Center decisions. Follow the instructions with the decision.
How long do I have to file Form EOIR-29?
30 calendar days. If a DHS officer handed you the decision, file within 30 calendar days. If DHS mailed it, DHS must receive the notice within 30 calendar days from the date the decision was mailed. A late appeal may be summarily dismissed.
Who can sign the EOIR-29 for an I-130 appeal?
Only the Form I-130 petitioner, the Form I-360 widow(er) self-petitioner, or their attorney or representative. The beneficiary or the beneficiary's representative or attorney should not sign. A representative must also file Form EOIR-27 with the notice.
Is there a fee to file Form EOIR-29?
Yes, a filing fee applies, and it cannot be refunded whatever happens to the appeal. The amount and payment instructions are on the EOIR website and the USCIS EOIR-29 page. Cash, checks, money orders and cashier's checks are not accepted.
Do I have to file a brief with the EOIR-29?
Not necessarily. Item 5 asks whether you will file a separate brief. If you check Yes and then do not file it, or do not reasonably explain why, within the time set, the appeal may be summarily dismissed. Briefs go to the same DHS office as the notice.
Can I use the EOIR-29 to appeal a visa denial from a U.S. consulate?
No. Do not use this form to appeal a Department of State overseas consular officer's denial of a visa application, such as DS-157, DS-230 or DS-260. Refer to the Department of State website for those denials.
Can I fill out the EOIR-29 online on FillingPDF?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is independent, is not affiliated with USCIS or EOIR and does not file the form; you submit it to DHS through the channels the agency lists.
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