The Executive Office for Immigration Review (EOIR) is an agency within the Department of Justice. The EOIR is responsible for adjudicating immigration cases
Appeals
You can appeal any order or decision made by an immigration judge or the USCIS affecting your status as an immigrant in or a permanent resident of the US. The appeal must be made filed before the EOIR. The appeal must be filed before the Board of Immigration Appeals, which is a party of the EOIR. Appeals against orders of an immigration judge must be made on EOIR Form 26 Notice of Appeal from a Decision of an Immigration Judge. Appeals against an USCIS decision must be made on EOIR Form 29.
Procedure
The appeal must be filed within 30 days from the date of the order. If the order is a written order, the order must be filed within 30 days from the date on which the decision was mailed to you. When calculating 30 days, Sundays and other holidays are counted. The appeal must be received by the EOIR within 30 calendar days. If the appeal is postmarked within the time limit but the EOIR receives it after 30 calendar days from the date of the order, the appeal will be dismissed as untimely.
The appeal must be submitted on EOIR Form 26 along with the required documents and the appeal fees. You must pay a fee of $110 by check or money order payable to Department of Justice. If you are seeking a fee waiver, you should submit EOIR Form 26A. There is no fee waiver for an appeal against an USCIS decision.
If you are being represented by an attorney or legal representative, you must also submit EOIR Form 27 Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals. If you are filing an appeal on EOIR Form 26, you must mail a copy of the appeal to the Assistant Chief Counsel of the U.S. Immigration and Customs Enforcement of the Department of Homeland Security and complete the proof of service portion of EIOR Form 26 before you file the appeal. Appeals against an USCIS decision must be submitted to Department of Homeland Security (USCIS) on EOIR Form 29.
Hearing
Once your appeal is received, a briefing will be scheduled. Generally you will be given thirty days to file your opening brief and the Assistant Chief Counsel will also be given thirty days to file a reply. This period can be extended to ninety days if sufficient cause is shown. If you have requested for an oral argument, an oral argument will be scheduled. After going through the submissions of both parties, the EOIR will make a decision on your appeal.
Getting Legal Help
If you want to appeal against any order of an immigration judge passed against you, consult with an experienced US immigration attorney. The attorney can assist you with the filing and can represent you before the Board of Immigration Appeal.
