Form EOIR-29 is the required form for filing by the non-immigrant alien when seeking an appeal of the decision by the local Director or the Regional Service Center Director of USCIS. After the adjudication of a visa application, the revocation of a previous visa application approval, or the re-validation of a visa application approval, the office having the appropriate jurisdiction over the matter will notify the applicant in writing of the decision. The petitioning alien must sign and file Form EOIR-29 in order to appeal the decision. Form EOIR-29 must be filed within 30 calendar days after service of the decision of the USCIS officer.

The Board of Immigration Appeals has appellate jurisdiction over family based immigrant petitions (except in the case of certain orphans.) For instance, in order to properly appeal an adverse decision for a family sponsored beneficiary (I-130 application), the original petitioner, not the beneficiary, must sign Form EOIR-29. Oral argument may be requested by the Petitioner pursuant to Form EOIR-29.

The Board may summarily dismiss any appeal filed in Form EOIR-29 or a portion of any appeal in Form EOIR-29 where: 1) the applicant fails to specify the reasons for the appeal; 2) the nature of the appeal involved a finding of fact or conclusion of law that was stipulated to in the original proceeding; 3) the Form EOIR-29 appeal is from an order that granted the appellant the relief that is requested; or 4) the Form EOIR-29 appeal is filed for an improper purpose such as for purposes of delay, lacks an arguable basis in law or fact or if the Form EOIR-29 is filed in bad faith.