Appeal immigration decision

Knowing how to appeal an immigration decision can make the difference between remaining in the United States or facing removal. In general, to appeal you must:

• File the form with the proper authority within 30 days of the adverse decision.
• Use Form EOIR-26 for the BIA or Form I-290B for the AAO.
• Explain why the decision was wrong. Appeals do not accept new evidence; they require well-supported legal arguments.

Below you will see what an appeal is, how it works, and what alternatives exist when an appeal is not available. This will help you act on time and protect your immigration status more confidently.

How can I appeal an immigration decision in the United States?

Understanding how to appeal an immigration decision is essential when you receive a removal order or a USCIS denial.

• To appeal means to request review of an unfavorable decision so a higher authority can correct legal or procedural errors.
• It often follows receiving a notice to appear or the end of an individual hearing.
• You can also appeal a USCIS denial (e.g., a family petition or a waiver).
• The standard deadline is 30 days from the date of the decision (check your notice).

In short:

• The appeal reviews a negative immigration decision.
• It must be filed within 30 days.
• No new evidence is added; you file legal arguments instead.

Where and when to file the immigration appeal

Before you start, confirm where and when to file. The venue and form depend on the authority that decided your case.

BIA and its deadlines

The BIA reviews decisions of immigration judges and, in some cases, the DHS.

• Judge decisions: EOIR-26.
• DHS decisions (e.g., ICE): EOIR-29.

The deadline is exactly 30 days from the signature date. The BIA must receive the form by the deadline. If the notice arrived by mail, 3 days are usually added.

AAO (USCIS) and Form I-290B

If USCIS denies a benefit (e.g., family-based immigration or a U visa), the appeal is filed with the AAO.

Use I-290B, Notice of Appeal or Motion. It also allows motions to reopen or reconsider.

Deadline: 30 days from the denial notice.

Current fee: $800. A fee waiver may be available if you qualify financially.

Federal Courts and judicial review

If the BIA or AAO upholds the denial, you can seek review before the appropriate Federal Court of Appeals.

This is reserved for legal or constitutional issues and typically requires a specialized attorney.

If your case is unreasonably delayed, you may consider a writ of mandamus.

Steps to appeal an immigration decision

The process is clearer when broken into steps.

Step 1: Review the decision

Read the judge’s order or the USCIS denial letter.

There you will see the reasons, whether it is appealable, the proper authority, and the right form.

It will also indicate the deadline.

Step 2: Prepare the form

Use the form that applies:

• EOIR-26: Judge decisions to the BIA.
• EOIR-29: DHS decisions to the BIA.
• I-290B: USCIS decisions to the AAO.

Complete it accurately. Attach any required items and the fee receipt (or request a fee waiver if eligible).

Step 3: Write the statement of reasons

Clearly explain why the decision is incorrect.

Your brief should include legal arguments, precedents, relevant facts, and key documents.

Be specific and file within the stated deadline.

Step 4: File on time

Send the package before the deadline (generally 30 days). If the notice arrived by mail, 3 days may be added.

Some revocations have shorter deadlines (e.g., 15 days). Check your letter.

Late appeals are rejected, even if only one day late.

Step 5: Receipt notice

The agency will send a Notice of Action confirming the case was accepted for review.

Summary:

• Identify the proper authority.
• Use the official form and pay the fee.
• Do not exceed the 30-day deadline.
• For unjustified delays, consider a writ of mandamus.

Appeal vs. motion to reopen or reconsider

An appeal and a motion are not the same. Both challenge a negative decision, but before different bodies and for different reasons.

Key differences

Appeal:

• Filed when you disagree with the decision.
• Reviewed by a higher authority (BIA or AAO).
• Generally does not admit new evidence; it analyzes the record and possible errors of law or procedure.
• Standard deadline: 30 days.

Motion to reopen:

• Filed when there are new facts or new evidence.
• Before the same authority that decided.
• General deadline: 90 days.

Motion to reconsider:

• Alleges an error in interpretation of law, policy, or procedure.
• Before the same authority that decided.
• No new evidence; only legal arguments.
• Typical deadline: 30 days.

When each one makes sense

• If the law was misapplied: appeal.
• If there is new evidence or substantial changes: motion to reopen.
• If there was a legal or procedural error: motion to reconsider.
• If the agency fails to act despite the passage of time, consider a writ of mandamus in federal court.

Can a removal order be appealed?

Yes, a removal order can be appealed if there are legal or procedural grounds showing the decision was incorrect.

It often occurs when the judge:

• Misinterpreted the law,
• Failed to weigh important evidence, or
• Incorrectly evaluated risk in the country of origin.

Appealing a removal order

After the order, you have 30 days to appeal to the BIA with EOIR-26. While the appeal is pending, removal is stayed. The government cannot execute removal until the BIA issues a final decision.

Attorneys often appeal when the judge:

• Did not consider all relevant evidence.
• Misapplied immigration law.
• Undervalued danger or persecution.

Short example: A person with over 10 years in the U.S., no criminal record, and U.S. citizen children may apply for cancellation. If the judge denies it, counsel can appeal to the BIA within the deadline.

Appealing a denied visa

A visa denial is not always the end.

The way to appeal a denied visa depends on the visa type and who filed the request.

Consular denials from the Department of State cannot be appealed; you can request reconsideration or reapply.

If USCIS denies a petition, the petitioner can appeal to the AAO. Examples include:

• Family petitions (I-130).
• Employment visas.
• Self-petitions under VAWA.

If you were denied, review reasons and next steps in What if my visa application is denied.

Costs of an immigration appeal

Costs depend on the case type, form, and deciding authority.

How much does a USCIS appeal cost?

To appeal USCIS decisions with I-290B:

• Fee: $800.
• Waiver: possible with I-912 if you qualify financially.
• Multiple beneficiaries: depending on the petition type, a fee may apply per beneficiary.

How much does a BIA appeal cost?

Since July 2025, BIA fees increased:

• EOIR-26 (judge decisions): $1,010.
• EOIR-29 (DHS decisions): $1,010.
• Motion to reopen or reconsider before the BIA: $1,045.

How much does an asylum appeal cost?

Since 2025 there is a $100 fee for new asylum applications. Asylum appeals before the BIA pay the $1,010 fee noted above.

The main additional cost is legal representation, which can range from $1,500 to $15,000 depending on complexity and stage.

Estimated total costs

On average, the total (fees + attorney’s fees) ranges from $2,000 to $9,500, depending on:

• Type of appeal (USCIS, BIA, or Federal Court).
• Number of beneficiaries.
• Case complexity and duration.

Short example: An appeal of a denied green card before USCIS may cost a $800 filing fee + $2,000 in attorney’s fees. If the case escalates to the BIA, costs increase with hearings and documentation.

How long does an immigration appeal take?

Knowing how long an appeal takes helps you plan and avoid unrealistic expectations.

• USCIS (AAO): 6–12 months.
• BIA: 6–18 months.
• Federal Court: over 12 months.

While an appeal is pending, removal is not executed. If the outcome is favorable, you may move forward with processes like getting employment authorization.

Factors that influence timing:

• Agency or court workload.
• Complexity of the legal arguments.
• Whether additional hearings are scheduled.

How many times can you appeal an asylum case?

In asylum matters, how many times you can appeal depends on the deciding body and whether there are new facts or errors of law.

General rule

You can generally appeal once per final decision. If a judge denies asylum, you appeal to the BIA. If the BIA affirms, you can seek judicial review in the Federal Court of Appeals.

Other options after a denial

If changes arise or new evidence appears, you can file:

• Motion to reopen (90 days): new facts or evidence.
• Motion to reconsider (30 days): legal or procedural error.

Both are filed before the same authority that issued the decision.

Credible or reasonable fear cases

These processes have shorter deadlines and limited review paths. Timely strategy is key.

Recommendation: Document country changes, new threats, or medical/psychological evaluations. They may support reopening.

Chances of success: can you win an immigration appeal?

Success depends on the legal strength of your case and procedural or legal errors in the original decision. It is not a retrial. You must show why the ruling was incorrect.

• Clear errors in applying the law or weighing evidence.
• Relevant facts or documents not considered.
• Well-structured arguments and strong precedents.
• Help from an experienced appeals attorney.

In some cases, a positive outcome comes through appeal or complementary paths such as post-conviction relief.

Short example: A lawful permanent resident with a minor conviction submits rehabilitation evidence, reopens the case, and obtains a favorable outcome after the appeal.

What if your immigration appeal is denied?

Even if an appeal is denied, options remain.

• Motion to reopen (90 days): new evidence or facts.
• Motion to reconsider (30 days): legal errors.
• Judicial review: if the BIA affirms, you may go to the Federal Court of Appeals (30 days).
• New filing: if you now meet requirements.
• Bond or habeas corpus: if detained and custody is unjust.

If there is a risk of detention, see where to pay an immigration bond. In some situations a writ of habeas corpus in immigration may be appropriate to challenge indefinite or unjust custody.

Short example: After a BIA denial with an error of law, counsel files a petition for review in federal court and seeks release on bond while it is decided.

Common mistakes that sink immigration appeals

Even strong cases can fail due to technical errors. Avoid these:

• Missing the deadline.
• Weak or unclear legal grounds.
• Incomplete or incorrect documentation.
• Wrong form (I-290B, EOIR-26, EOIR-29).
• No payment or missing proof of payment.
• Lack of specialized representation.

Tip: Review the original notice with your attorney and confirm each requirement before filing.

Legal help for immigration appeals in New Jersey

Successfully handling how to appeal an immigration decision requires technique, speed, and strategy.

At Curbelo Law, attorney Carolina T. Curbelo and her team have handled removal, asylum, denied visas, and waivers in New Jersey.

We assist with:

• Appeals before USCIS, the BIA, and federal courts.
• Motions to reopen or reconsider.
• Mandamus actions for delays.
• Representation in removal and bond proceedings.

We analyze each case to identify legal errors, strong grounds, and new alternatives. A well-crafted appeal can stop removal, reopen a process, or recover lawful status. Contact us for a confidential consultation in Ridgewood, NJ, or remotely.