Guide to Form EOIR-29

What happens if the legitimacy of your marriage with a U.S. citizen is challenged by the USCIS and actually denied? The U.S. government requires aliens to prove their marriage is legitimate before they can be granted permanent resident status and reside in the U.S.

You’d think that would be the end of the road. But the U.S. government also allows you to challenge the denial. Not only marriages, but you can also challenge certain other decisions made by an immigration officer that you think aren’t justified.

In this article, we’ll explain the process for doing that and the forms you need to submit.

What Is Form EOIR-29?

Form EOIR-29 is known as the Notice of Appeal to the Board of Immigration Appeals from a Decision of an Immigration Officer Form. With this form, you can file an appeal in case the immigration officer didn’t approve your petition or application.

When talking about marriage-based visa denial, you need to know what goes on behind the scenes. You submit an application along with forms and other information to the USCIS. This is then forwarded to the local Director or Directors at the Regional Service Center of the USCIS for adjudication.

After verification and processing of the application, the Director will inform you of the decision in writing. Marriages that don’t get accepted are termed “sham marriages.” which take place with the sole purpose of obtaining a U.S. visa.

In case your marriage gets rejected, you have the right to raise an appeal by filing Form EOIR-29. Depending upon the statute and regulations, you need to file this appeal with either the Board of Immigration Appeals (BIA) or the USCIS. The BIA is a specialized department within the USCIS which undertakes issues on immigration appeals. For more details, please refer to the Code of Federal Regulations and INA.

Who Needs Form EOIR-29?

One use case has already been discussed above. Visa petitioners who filed Form I-130 or Form I-360 (if you are a widow) need to file Form EOIR-29. Since most of the cases emerge from these kinds of scenarios, let’s explore this in more depth.

If your application is denied, you can raise an appeal within 90 days of receiving the confirmation denial mail. However, raising such an appeal with the BIA will only be fruitful if the marriage was indeed legitimate, and you merely didn’t provide enough evidence. But if the marriage actually took place to obtain a green card, then it will only attract more trouble.

Filing an appeal as soon as possible is a good idea. Not only will you get an opportunity to overturn the ruling against you, but this will also prevent the application from permanently getting closed.

However, people who are appealing a Department of State (DoS) consular officer’s decision to deny a visa application need not file this form. These visas include DS-157, DS-230, and DS-260, among others. Click here for more information on this topic.

Raising an Appeal vs. Refiling

When considering raising an appeal, bear in mind that it’s not the only option. You can refile the application at any point in time in the future. In some cases, refiling actually makes more sense than raising an appeal.

For example, if your marriage is new and it’s hardly been a few months before you file Form I-130, then chances are you won’t have much evidence to support the legitimacy of your marriage in front of the USCIS. In other cases, the couple might be legitimately married for six months but aren’t living together for work-related issues. So, a few months down the road, you can fix these issues and reapply. The USCIS will have more bona fide evidence, and the chances of the application going in your favor will be better.

How to Complete Form EOIR-29

If you feel that filing an appeal by using Form EOIR-29 makes more sense, this section will provide you with all of the information you need. Form EOIR-29 is a two-page document that you can access here. However, cross-check with the website to make sure you are using the most recent and updated copy of the form.

It asks you about whether you’re filing an appeal based on a decision by a DHS office, which you need to select. Other individuals, like those appealing against a waiver decision, can also file this form.

The form will ask for your name, the reason you are filing, and any reference numbers. All sections are mandatory, and nothing should be left out. If you are a beneficiary, then you shouldn’t sign this form. Have the petitioner sign it instead.

This form will then be reviewed by a single board member who will then proceed with the appeal application. To receive a notification when the USCIS has received your form, file Form G-1145.

Where to File Form EOIR-29

You need to submit it to the Department of Justice Board of Immigration Appeals (BIA). This division oversees immigration-related appeals and works independently of the USCIS.

But you cannot file your appeal directly. You’d have to go through the District Director of the USCIS local office instead. You can find the address on the denial mail or document you received. The USCIS will then forward your case to the BIA for further inspection.

Form EOIR-29 Fees

There’s a filing fee of $110, which you need to pay at the time of filing the appeal. Rates change from time to time. So, it may be a larger fee by the time you file the form.

Form EOIR-29 Processing Time

There is no set time frame provided by the USCIS for processing your appeal application. This is because the USCIS employs several ways to handle your appeal. It may use its staff attorneys or issue a short statement right away to deny the marital petition. You need to constantly be in touch with a representative to get the status of your application.

After receiving the denial letter, it’s very important to file an appeal within 90 days of receiving it. And file it after consulting with an attorney since failing for the second consecutive time could attract criminal charges.

Read More

• How Do I Speak to a Live Person at USCIS?
• How Many Citizenships Can You Have?
• How Do I Know Which USCIS Service Center?
• How Do I Know If USCIS Received My Application?
• What “Country of Residence” and How to Know Yours When on a Visa
• How to Check Dropbox Eligibility with the App

Final Thoughts 

As stated above, the USCIS challenging the legitimacy of your marriage is not necessarily the end of the road. That said, it’s incredibly important to dispute the challenge, which you can start doing by submitting Form EOIR-29.

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

See author's posts