New York · est. 2013Saturday, September 5, 2026
Inside Immigration

Plain-language guides to US immigration, asylum and USCIS procedure.

Formularios · Court and appeals

Appeals and motions

When a decision goes the wrong way there are three routes: appeal to a higher body, ask the deciding body to reopen or reconsider, or start again. Which one applies depends on who decided. USCIS denials go to the Administrative Appeals Office on Form I-290B, except family petitions, which go to the Board of Immigration Appeals. Immigration judge decisions go to the Board on Form EOIR-26.

Tiempo habitual: The AAO publishes its own processing times separately. BIA appeals commonly take a year or more.Tarifas: $800 for an AAO appeal, $1,030 for a BIA appeal or motion, $1,065 for a motion before an immigration judge, $780 to $830 for a naturalisation hearing. Most are waivable.

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Para quién es. Anyone whose immigration application or case was denied, and their representatives.

Los formularios, en orden

6 formularios
I-290BEOIR-26EOIR-29EOIR-26AI-912N-336
  1. 1

    Work out which body reviews the decision

    Quién
    The applicant or respondent
    Cuándo
    Within days of the decision - the deadlines are 30 days
    Tarifa
    $0

    I-130 and widow(er) I-360 denials go to the BIA on Form EOIR-29. Most other USCIS denials go to the AAO on Form I-290B. Immigration judge decisions go to the BIA on Form EOIR-26.

  2. 2

    File the appeal within 30 days

    I-290BEOIR-26EOIR-29

    Quién
    The party appealing
    Cuándo
    30 days from the decision, or 33 if it was mailed for USCIS appeals
    Tarifa
    $800 for the I-290B, $1,030 for EOIR-26 and EOIR-29; $0 for a bond appeal

    A vague statement of the grounds can get a BIA appeal summarily dismissed.

  3. 3

    Or file a motion to reopen or reconsider instead

    Quién
    The party
    Cuándo
    Generally within 30 days for reconsideration and 90 days for reopening before the immigration judge
    Tarifa
    $1,030 before the BIA, $1,065 before an immigration judge, $800 on Form I-290B before USCIS

    No form is required for a motion before the BIA or an immigration judge - just the motion and the fee.

  4. 4

    Request a fee waiver if you cannot pay

    EOIR-26AI-912

    Quién
    The party
    Cuándo
    With the appeal or motion
    Tarifa
    $0

    Filing the waiver request with the appeal preserves the deadline.

  5. 5

    For naturalisation denials, request a hearing before going to federal court

    N-336

    Quién
    The applicant
    Cuándo
    Within 30 days
    Tarifa
    $830 paper or $780 online

    Skipping the N-336 usually forfeits district court review under INA 310(c).

  6. 6

    Consider a petition for review in the court of appeals

    Quién
    The respondent, through counsel
    Cuándo
    Within 30 days of the final BIA order
    Tarifa
    Federal court filing fees

    A petition for review does not automatically stay removal; a separate stay motion is needed.

Dónde suele fallar

  • The 30-day deadlines are unforgiving and mailing time does not extend the BIA's.
  • Filing the wrong appeal form with the wrong body wastes both the fee and the deadline.
  • Motions to reopen before an immigration judge are numerically and time limited, with exceptions for in absentia orders, changed country conditions, and ineffective assistance.
  • A pending petition for review does not stop removal without a separate stay.

Qué cambió en 2025 y 2026

  • EOIR appeal and motion fees must be paid through the EOIR Payment Portal since February 23, 2026.
  • Form EOIR-29 has a February 2026 revision and USCIS republished its version with a 02/01/26 edition date.
  • Form EOIR-45 was revised in February 2026.

Trámites relacionados

Fuentes: justice.gov · justice.gov · justice.gov · justice.gov · uscis.gov · uscis.gov