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Filing an Eoir 29

Immigration 2 views 1 answers
Hello, We recently had our I130 case denied by USCIS based on failure to prove burden of marriage. They sent us a NOID and then denial asking us to appeal for I290B and then reviewed it again at the local office and denied again and now we have to file an EOIR 29. How long is the processing time for EOIR 29? Do the BIA fairly look at the application as I believe that my current application was denied based on pre judgement and they disregarded any evidence I sent as it was dated after the inteview date which is kind of stupid as on NOID they objected that all the material was dated prior to interview? Thanks in advance for answering.

Attorney Answer

1
Elizabeth Ann KohlerImmigration AttorneyWashington, DC ·
The appeal process for an I-130 denial, which is done by filing the EOIR-29 with the local office that issued the denial, can be fairly long. This is because it is the responsibility of the local USCIS office to prepare and transfer the file to the BIA. Usually they first send it to USCIS Regional Counsel which writes a brief on behalf of USCIS/DHS and then sends the file to the BIA for adjudication. Often each of these steps takes several months. We have found that once the BIA receives the file, it is very fair in its adjudication of the appeal and it will reverse or remand when it feels USCIS has made a mistake or ignored evidence. It is important that your legal arguments are laid out clearly and succinctly in your appellate brief. We would recommend working with a competent immigration attorney to properly prepare and present your appeal. Good Luck.
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