Form EOIR-29 guide: Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer

Wang Law Firm, LLC · David Wang, Managing Attorney · Attorney-reviewed · Updated October 2026

The official name of Form EOIR-29 is Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer. Its most common use is an appeal by the petitioner to the Board of Immigration Appeals (BIA) after USCIS denies an I-130 filed by a U.S. citizen or green card holder for a foreign relative.

Its biggest difference from other appeal forms is that the EOIR-29 is not sent directly to the BIA; it is filed with the DHS office that made the decision (usually a USCIS service center or field office), which assembles the record and forwards it to the BIA. Many people send it to the wrong place or confuse it with USCIS's I-290B, making the appeal invalid.

At a glance

Which decisions can be appealed on EOIR-29

• Denied family-based petitions: family-based immigrant petitions filed under INA 204, mainly the I-130, and widow(er) petitions on Form I-360; the BIA has appellate jurisdiction over family-based petitions, except for certain orphan petitions;
• Revocation of an approved family petition: when USCIS revokes an approved petition on notice (8 CFR 205.2), the appeal deadline is 15 days after service of the revocation notice, shorter than for an ordinary denial;
• A few other DHS decisions, such as fines imposed on carriers (each with its own procedures and deadlines).

EOIR-29 does not apply to:

• Employment-based petitions (such as the I-140), nonimmigrant petitions (such as the I-129) and similar cases: the BIA has no jurisdiction, and an I-290B is usually filed with the USCIS Administrative Appeals Office (AAO);
• Immigration judge decisions: use EOIR-26;
• A beneficiary who disagrees: only the petitioner or self-petitioner has the right to appeal.

To decide which form to use, first look at the appeal route stated in the denial notice. The denial notice explains whether you can appeal, where to appeal and which form to use.

Legal basis and deadline

• 8 CFR 1003.1(b)(5): the BIA's appellate jurisdiction over decisions on family-based immigrant petitions;
• 8 CFR 1003.3(a)(2): the EOIR-29 must be filed directly with the DHS office that has jurisdiction over the record, within 30 days of service of the decision; the appeal is not properly filed until the DHS office receives all required documents and the fee requirements are met;
• 8 CFR 1003.3(b): the notice of appeal must specifically identify the findings of fact or conclusions of law being challenged;
• 8 CFR 205.2(d): the appeal deadline for revocation of an approved petition is 15 days.

Are 3 days added for mail service?

DHS's general rule (8 CFR 103.8(b)) provides that when a notice is served by mail and an action must be taken within a set period after service, 3 days are added to the period, which is why in practice people often speak of 33 days. However, the EOIR-29 instructions revised by EOIR in February 2026 say that if the DHS officer gave you the decision in person, you must file the appeal within 30 calendar days; if the decision was mailed to you, the appeal must be received by DHS within 30 calendar days of the date the decision was mailed, with no mention of 3 additional days. The EOIR Policy Manual also says only "30 days from service of the decision being appealed." Because the two are worded differently, the safe approach is to make sure it is received within 30 days of the date on the decision, without relying on the extra 3 days.

Does the 2026 BIA rule affect this deadline?

The Department of Justice's February 2026 interim final rule on BIA appeals changed the deadline for appealing immigration judge decisions to 10 days (that part was vacated by a court in March 2026; see the EOIR-26 page). The 10-day deadline was set in 8 CFR 1003.38(b) and applies only to immigration judge decisions; as of the date this was verified, 8 CFR 1003.3(a)(2), which governs the EOIR-29, still says "within 30 days after service of the decision being appealed" in the eCFR, and briefs in appeals from DHS officer decisions are still filed with DHS under 8 CFR 1003.3(c)(2). As of October 11, 2026, the EOIR-29 deadline is still 30 days after service; the relevant rules may still change, so verify before filing.

Tips for completing the form

• Item 1, type of appeal: check family-based petition (such as an I-130 or I-360 widow(er) petition) or other DHS decision, and enter the petitioner's and beneficiary's names and A-numbers or receipt numbers.
• Item 2, decision appealed: the title and office of the officer who made the decision, and the decision date, consistent with the denial notice.
• Item 3, grounds for appeal: state point by point where USCIS erred on the facts or the law. For example, in a marriage bona fides case, identify which evidence of shared life the officer ignored and how the officer misread statements made at the interview. General grounds can lead to summary dismissal. Put the name and A-number or receipt number on any additional pages.
• Item 4, oral argument: the BIA rarely grants it; if it is truly necessary, explain why.
• Item 5, whether a separate brief will be filed: if you check "yes," you must file it with the same DHS office within the deadline DHS sets, or the appeal may be summarily dismissed.
• Item 6, signature and address: signed by the petitioner or the petitioner's attorney; the beneficiary may not sign. The address must be one where mail will be received safely and promptly.

Documents to include

• A fully signed EOIR-29;
• A copy of the denial notice (or revocation notice);
• Proof of payment of the appeal fee (as the USCIS instructions direct);
• If an attorney represents the petitioner, an EOIR-27 (the BIA does not accept the G-28);
• Any brief, filed with the same DHS office by the deadline. The BIA generally does not consider new evidence on appeal, and new evidence may be treated as a motion to remand to DHS; the BIA usually will not consider evidence that USCIS requested in a request for evidence and that the petitioner had a reasonable opportunity to submit but did not. Foreign-language documents need a complete English translation; see Translation and notarization requirements for immigration documents.

How to file and fees

• File the appeal with the USCIS office that has jurisdiction over the record, as the denial notice and EOIR-29 instructions direct;
• Fees: the 2025 "H.R. 1" law added a statutory fee for appeals to the BIA from DHS officer decisions, charged in addition to existing EOIR fees, collected since February 1, 2026, and adjusted annually for inflation (the most recent adjustment applies from October 1, 2026). Check the amount on the EOIR fees page;
• Whom to pay and how: unlike appeals, motions and applications filed directly with EOIR (which since February 23, 2026 can be paid only electronically through the EOIR Payment Portal), according to the EOIR fees page the EOIR-29 and the appeal fee are filed with and paid to the DHS office that receives the appeal; the EOIR-29 instructions state that cash, checks, money orders and cashier's checks are not accepted, and the payment method is explained on the USCIS EOIR-29 page. Whether a fee waiver is available and the current payment options are as currently published by EOIR and USCIS;
• For more information, see How to check immigration fees and processing times.

What happens after filing

1. The USCIS office receives the appeal and confirms that it is timely and the fee was paid;
2. If the petitioner indicated that a brief will be filed, DHS sets the brief deadline, and extension requests are also made to DHS;
3. Once the record is complete and briefing is over, DHS forwards the record to the BIA;
4. The BIA decides the appeal, dismissing it, sustaining it or remanding it to USCIS;
5. Motions after the BIA's decision are filed with the relevant USCIS office or the BIA, as the BIA's decision explains.

The appeal can take a long time, and it cannot be tracked through the USCIS processing times page. In many cases, filing a new I-130 with stronger evidence may be faster than appealing, and the two can also be pursued at the same time; this should be assessed in light of the reasons for denial. To withdraw an appeal, you must do so in writing before the BIA decides.

EOIR-29 versus I-290B and EOIR-26

Frequently asked questions

Official sources

• EOIR downloadable forms page (EOIR-29, February 2026 revision)
• EOIR Policy Manual: appeals of visa petition denials
• EOIR: types of appeals and motions, and fees
• Federal regulations: 8 CFR 1003.3
• Federal regulations: 8 CFR 103.8 (methods of service)

Related reading

• Form I-130 guide: Petition for Alien Relative
• Form I-290B guide: appeals and motions with USCIS
• Form EOIR-26 guide: appealing an immigration judge's decision
• Marriage green card guide

This article is general information and is not legal advice. Laws and policies may change; rely on the latest official information and on an attorney's advice for your specific situation.