How to Appeal a Denial of the I-130 Petition

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If the I-130 Petition for Alien Relative is denied, you have the right to appeal the decision. If the immigration officer handed the denial letter to you, you have 30 calendar days from that date to file your appeal. If the denial letter was mailed to you, you have 30 days from the day the decision letter was mailed in order to file your appeal.

  • Go to the United States Citizenship and Immigration Services website.

  • Click on "Forms" at the top of the page.

  • Download the EOIR-29 "Notice of Appeal to the Board of Immigration Appeals from a Decision of an Immigration Officer" form.

  • Complete the form. Write the name and Alien Registration number of the beneficiary at the top of the EOIR-29 form, but have the petitioner sign the form. Only the person who is petitioning for their foreign relative is able to sign the form. You must describe the reasons for your appeal and be as detailed and thorough as possible. You have the option on the form of requesting an oral appeal.

  • Write a check or money order for $110 to the Department of Homeland Security for your filing fee. Place your EOIR-29 form and check in an envelope and mail it to the address on your denial letter that is specified for appeals.

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