How to Appeal to Immigration Services

The Board of Immigration Appeals, which is part of the Executive Office for Immigration Review, handles appeals involving immigration petitions. The Board consists of 15 members and reviews immigration judicial decisions from throughout the U.S. You can file an appeal if you disagree with a judge's decision. When you file an appeal with the Board, you will not attend a courtroom hearing, because cases are decided based on written evidence and arguments.

Instructions

1. Determine if you have grounds for appeal based on the immigration judge's findings of fact (e.g., you entered the U.S. illegally without authorization) or conclusion of law. If you have a permanent bar and are ineligible for immigration relief, then the judge's decision will be upheld unless you qualify for relief based on changes to U.S. immigration law.

2. File a stay of deportation if you do not qualify for an automatic stay. In general, you cannot be deported if you file an appeal while in deportation proceedings. File EOIR-33/BIA to notify the Board of your address change if your case remains pending.

3. Prepare essential forms, which are available for free through http://justice.gov/eoir. You should send Form EOIR-26 along with a brief that describes your arguments. Attach either the correct filing fee (i.e., $110) or a few waiver request.

4. Gather supporting evidence, such as birth certificates, letters, marriage certificates, photographs and proof of residence. For instance, if your case was denied because the judge decided that you had a sham or fraudulent marriage, your evidence should include everything that you submitted to the immigration judge plus as much additional information as you can.

5. Submit your appeal by mail or personal delivery if you are in Falls Church, Va. If you having filing questions, you can call the clerks at [phone]. Substantive questions about your cases should be directed to an immigration attorney rather than the clerks.

Tips & Warnings

• Make sure that all documents are in English or include certified English translations. Carefully keep copies of everything that you send along with proof of service, such as certified mail receipts.

• The Board currently faces a major backlog of pending cases. Most appeals are decided 10 to 12 months after being filed.

References

• Board of Immigration Appeals
• Past EOIR decisions
• EOIR Forms