The Appeal Process
When a Form I-130, Petition for Alien Relative, is denied, the applicant can appeal the decision to the Board of Immigration Appeals (BIA). The process is stringent and requires careful adherence to procedural steps.
Filing a Notice of Appeal
An applicant must promptly file a Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer (Form EOIR-29) to start the appeal process. This notice should be filed with the office that made the initial denial. Representation by an attorney or an accredited representative requires a separate notice of appearance.
Submitting Evidence and Argument
Evidence and arguments supporting the appeal can be submitted to establish why the denial was incorrect. The applicant must provide new, relevant information not considered in the original decision or legal arguments demonstrating errors in applying the law.
Deadlines and Timelines
Appeals must be submitted within 30 days of the decision date. The BIA operates under strict timelines, and missing these deadlines can result in the dismissal of an appeal. It’s vital for applicants to be cognizant of the date the I-130 was denied and to act swiftly.