How to Appeal an I-130 Denial While on Deportation
An I-130 petition is a petition asking permission from U.S. Citizenship and Immigration Services (USCIS) to allow the alien relative of a U.S. citizen or lawful permanent resident to immigrate to the United States. If the denial of an I-130 petition has resulted in the deportation of an alien relative, the person that initially filed the I-130 petition has the option of appealing the denial by filing form EOIR-29 with USCIS and requesting an oral hearing with an independent administrative law judge.
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Instructions
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Obtain form EOIR-29, which you can download from the website of the U.S. Justice Department or get from the nearest U.S. Embassy branch.
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Fill out form EOIR-29. In the box at the top of the form, provide the name of the beneficiary and the beneficiary's case number. On line 1, provide the name of the USCIS officer that rejected the I-130 petition and the decision date. On line 2, specify your legal and factual reasons for appealing the rejection of the I-130 petition, continuing on to another sheet of paper if necessary. Indicate whether you wish to request an oral argument before the Board of Immigration Appeals or file a separate written brief. Sign and date the form.
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File the completed form EOIR-29 with the USCIS and pay the filing fee. As of 2011, the filing fee for an appeal to a rejected I-130 petition is $110, which you must make payable to the "Department of Homeland Security" by check drawn from an account with a financial institution in the United States or bank international money order. Instructions for filing an appeal are included with the I-130 rejection letter.
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