Form EOIR-29: Format, Filling and MORE

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The Form EOIR-29, it is the notification of appeal to the board of immigration appeals on a decision of an immigration officer. And it is used to reverse a USCIS decision on two other types of forms.

For this reason, in this article we develop: the format of the EOIR-29 form, its filling, its function, where to present the document, the fees that are handled and we finalize with its definition.

EOIR-29 Form Format

It is generally known that, for any type of form, an established type of format is presented or found. Therefore, below, we will explain the information that all interested parties must provide when completing the same. Attentive:

Choose one of the boxes:
  • I am filing an appeal from a decision of a DHS officer.
  • Name of the beneficiary.
  • A number, if any, of the beneficiary.
  • Request form number.
I am filing a different type of appeal than a DHS officer’s decision
  • Name.
  • Number A, if there is one.
  • Bearer and fine number.
  • Any other type of relevant information.
I hereby appeal to the Board of Immigration Appeals from the decision of the issued by date in the case titled above.
Specify the reasons for this appeal and continue on separate sheets if necessary.
  • First of all, it is important that the interested party consult instruction number 2 for more information.
It should be noted that if the factual or legal basis of the appeal is not sufficiently described, the appeal may be summarily dismissed.
Do you want an oral argument before the Board of Immigration Appeals?
Do you intend to file a separate statement or statement after filing this Notice of Appeal?
  • First, the date.
  • Then the signature of the appellant / petitioner or attorney or representative.
  • Later, you must print or type the name.
  • And finally, the address, that is: number, street, city, state, zip code.
However, if you indicate “yes” as an answer, and do not do so, the appeal may be summarily dismissed. You need to refer to the instructions for more information.

Completion of Form EOIR-29

Now, once the explanation of the format used and established for this type of specific form is completed. We will continue with the instructions that must be carried out to complete the same:

General information

Now, you are the “appellant” if you file an appeal from a decision by a DHS official. The Notice of Appeal asks for specific details about the underlying request you submitted to DHS.

It is important that you refer to the DHS officer’s decision for specific appeal instructions and request details about the underlying request that you submitted to DHS.

Presentation

The applicant must file this Notice of Appeal with the US Department of Homeland Security, Citizenship and Immigration Services, or US Customs and Border Protection.

If the decision was given to you by a DHS official, you must file this Notice of Appeal within 30 calendar days. If the decision was mailed, 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. It is essential that the applicant does not send this Notice of Appeal directly to the Board of Immigration Appeals.
Revision

Most appeals are reviewed by a single Board member. If you claim that your appeal warrants review by a three-member Board panel, you can identify the specific factual or legal basis for your allegation.

Now, we must mention an important aspect at this point in the form. And there are cases that will be reviewed by a panel of three members. However, this is only if the case presents one of these circumstances:

  • First, the need to establish a precedent in the interpretation of the meaning of laws, regulations or procedures.
  • Then the need to review a DHS decision that is not in accordance with the law or applicable precedents.
  • The need to resolve a case or controversy of national importance is added.
  • Lastly, the need to reverse the DHS decision, other than a reversal under 8 CFR
Rates

Here, a fee of $ 110 must be paid to file this appeal. It cannot be reimbursed regardless of the action taken on appeal. All fees must be submitted for the exact amount.

Lawyer

The appellant may be represented, at no cost to the Government, by a lawyer or other duly authorized representative. Only the petitioner, or a self petitioner, can appeal the denial of a visa petition by DHS.

Importantly, only the attorney or authorized representative should file a separate appearance notice on behalf of the petitioner with this Notice of Appeal.

Abstracts

However, the summaries, if desired, are filed with the Department of Security -DHS-, in the same office as the Notice of Appeal and within the time period specified by DHS.

Oral argument

At this point, the board will consider all cases in the file presented, whether oral arguments are presented or not. It is important to note that an oral argument can be requested. If approved, you will be notified.

What is it for?

With all this, it is convenient that you know the function and purpose of this certificate. Because on many occasions it is not given the importance it deserves. For this reason, we will explain to you what this type of certificate is for.

  • In the first place, to arbitrate all those visa applications that are in the jurisdiction of the local Director or the Directors of the Center for Regional Citizenship and Immigration Services.
  • Also, to confirm the acceptances or approvals for said requests.
  • Likewise, interested parties have the right to appeal against a resolution or decision to the Board of Immigration Appeals.
  • This, to identify the authorized organization that is in charge of carrying out the appeal.
  • On the other hand, the jurisdiction of the board covers each application of immigrants in relation to families. This, as established by Sections 204 of the INA.
  • However, all requests from some orphans are excluded.

Where to File Form EOIR-29?

In another vein, it is important to make known where the request for this type of specific format can be submitted. Since, in general, this type of form is sent incorrectly to certain offices.

For this reason, it is convenient for us to clarify that the applicant must follow each of the indications found in the notification received by the United States Citizenship and Immigration Service -USCIS-.

Processing fees

Now, this point of the article is one of the ones that generates more doubts and uncertainty. Because, it is common for the costs to start some procedures to be high. For this reason, below we show the amount to take into account to make this request.

  • The only filing fee handled, set and established is $ 110

However, we must highlight certain relevant aspects regarding the realization or execution of the payment of this fee. So we invite you to pay close attention to the information below:

  • First, when the applicant decides to carry out the payment, he agrees to pay for a service offered by the government.
  • Also, these biometric services and presentation fees they are not refundable. The amount to be paid is the final amount regardless of another type of action taken in the request or request thereof.
  • Now, if the interested party submits said request at a USCIS Secure Location or, at a service center, they must cancel the fee with a respective money order, personal or cashier’s check.
  • However, you can also make the payment with a credit card and using the Form G-1450.
  • If you decide to pay by check, it must be made payable to the US Department of Homeland Security.
  • In turn, it is essential that the applicant be aware that service centers do not have the authority to process credit card payments.
  • On the other hand, it is recommended that you use the Rate Calculator. This, because it allows to determine the presentation fee.
  • The applicant must not and cannot make payment of fees with a money order or cashier’s check when showing the application at a local office.
  • This means that the interested party can only cancel the rate with:
  1. Debit.
  2. Credit card.
  3. Personal check.
  4. Reloadable prepaid credit or debit card.

What is Form EOIR-29?

We conclude this article by offering a brief definition. Well, it is nothing more than a document that is used to appeal a determination of the United States Citizenship and Immigration Service -USCIS-.

However, we should highlight one important aspect of this appeal. And it is that, they are carried out only for two specific types of form. As they are:

  • Form I-130
  • Form I-360.

In addition, it is essential to highlight that, the lawyer or the authorized representative of a structure recognized by the Board of Immigration Appeals, must expose a Notice of Appearance on behalf of the client. Adding in turn, the Form EOIR-29.

On the other hand, the applicant must bear in mind that he cannot use this type of form to appeal a rejection of the visa application executed by a consular officer of the Department of State abroad.

Now, if you want to know more information about the denials of visa applications and other types of forms, the State department, offers a web page for inquiries and doubts.

To end our writing, we invite you to help us share the information.

See you soon!

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