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Inside Immigration

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

Forms · 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.

Typical time: The AAO publishes its own processing times separately. BIA appeals commonly take a year or more.Fees: $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.

Who it is for. Anyone whose immigration application or case was denied, and their representatives.

The forms, in order

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

    Work out which body reviews the decision

    Who
    The applicant or respondent
    When
    Within days of the decision - the deadlines are 30 days
    Fee
    $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

    Who
    The party appealing
    When
    30 days from the decision, or 33 if it was mailed for USCIS appeals
    Fee
    $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

    Who
    The party
    When
    Generally within 30 days for reconsideration and 90 days for reopening before the immigration judge
    Fee
    $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

    Who
    The party
    When
    With the appeal or motion
    Fee
    $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

    Who
    The applicant
    When
    Within 30 days
    Fee
    $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

    Who
    The respondent, through counsel
    When
    Within 30 days of the final BIA order
    Fee
    Federal court filing fees

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

Where it goes wrong

  • 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.

What changed in 2025 and 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.

Related processes

Sources: justice.gov · justice.gov · justice.gov · justice.gov · uscis.gov · uscis.gov