Shihab Burke LLC Immigration Lawyers helps families appeal a denied family petition on Form I-130. Our Columbus I-130 appeal lawyers review the denial, explain every option, and prepare the appeal to the Board of Immigration Appeals. From our offices in Columbus and Dublin, Ohio, we serve families in the Columbus area, throughout Ohio, and across the United States, including relatives who live abroad.
Highlights
- Most denied Form I-130 family petitions can be appealed to the Board of Immigration Appeals (BIA).
- The appeal is filed on Form EOIR-29 with the USCIS office that denied the petition, usually within 30 days of the decision.
- The BIA reviews the evidence that was before USCIS. New evidence usually belongs in a motion or a new petition.
- An appeal, a motion to reopen or reconsider, and a new petition are different options. The right choice depends on why the petition was denied.
- An appeal is especially important when the denial includes a marriage fraud finding.
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Can a Denied I-130 Petition Be Appealed?
Yes. A denied Form I-130 family petition can be appealed to the Board of Immigration Appeals (BIA). The BIA is the appeals body of the U.S. Department of Justice. The same appeal rules apply to petitions for spouses, parents, children, and siblings.
There is one exception. If USCIS denied the petition as abandoned, for example because no one answered a Request for Evidence, the denial cannot be appealed. The options are a motion to reopen or a new petition. A new petition receives a new filing date.
An appeal is one of several options. In some cases, a motion to reopen or reconsider, or a new petition, may be faster or stronger.
Our Approach
Before we recommend an appeal, we review the entire record, including, for example, the denial notice and the evidence USCIS had, so you can choose the right path with confidence.
“They guided us through every step with professionalism and prompt communication, making the experience smooth and stress-free.”
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Talk with a Columbus I-130 appeal lawyer: 866-665-0001.
Why Are I-130 Petitions Denied?
Common reasons for an I-130 denial include:
- Not enough evidence of the family relationship, such as a missing birth or marriage certificate
- Not enough evidence that a marriage is real
- No proof that an earlier marriage legally ended
- A finding that a current or earlier marriage was entered only for immigration benefits
- No timely response to a Request for Evidence or a Notice of Intent to Deny
What Is Form EOIR-29?
Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer, is the form used to appeal a denied Form I-130 family petition. The form is filed with the filing fee at the USCIS office that denied the petition, as the denial notice instructs. The appeal can include a written legal argument, called a brief.
What Is the Deadline to Appeal an I-130 Denial?
The appeal must usually be filed within 30 days after the denial, or 33 days if the denial was sent by mail. The appeal is filed on Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer, with the USCIS office that denied the petition, as the denial notice instructs. It is not filed with the BIA directly.
A late appeal is usually rejected. A family should contact a lawyer as soon as the denial arrives.
How Does an I-130 Appeal Work?
- File the appeal. The petitioner files Form EOIR-29 and the fee with the USCIS office that made the decision. The appeal can include a written legal argument, called a brief.
- USCIS reviews the appeal first. USCIS may change its own decision and approve the petition. If it does not, USCIS sends the file to the BIA.
- The BIA reviews the record. The BIA looks at the evidence that was before USCIS and decides whether the denial was correct.
- The BIA decides. The BIA may rule for the family, which often sends the case back to USCIS to finish, or it may dismiss the appeal.
If the BIA dismisses the appeal, review in federal court may be possible in some cases.
Should We Appeal, File a Motion, or File a New Petition?
The right choice depends on why the petition was denied:
| Option | Often the right choice when | Decided by |
|---|---|---|
| Appeal (Form EOIR-29) | USCIS applied the law incorrectly, and the evidence already in the record is strong | Board of Immigration Appeals |
| Motion to reopen (Form I-290B) | There are important new facts, with documents, that USCIS did not see | The USCIS office that denied the case |
| Motion to reconsider (Form I-290B) | USCIS made a legal error based on the evidence it already had | The USCIS office that denied the case |
| New petition (Form I-130) | Missing evidence can now be provided; the new petition starts over with a new filing date | USCIS |
A new petition usually does not help when the denial includes a marriage fraud finding, because the same finding would apply. In that case, an appeal is often the most important option. Learn more on our marriage fraud allegation page and our denied green card page.
How Long Does an I-130 Appeal Take?
An I-130 appeal often takes many months, and sometimes more than a year. The time depends on how quickly USCIS reviews the appeal and sends the file to the BIA, and on the BIA’s workload.
What Are the Government Fees for an I-130 Appeal?
We update this information regularly, but government filing fees have changed frequently in recent years. The amounts below are provided for general information only and should not be relied on for a filing. For every case we file, our office calculates the applicable government fees and informs the client of the exact amounts at the time of filing.
| Form or Service | Government Fee |
|---|---|
| Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer | $1,060 |
| Form I-290B, Notice of Appeal or Motion (for a motion instead of an appeal) | $800 |
The EOIR-29 fee includes a fee added by Congress in 2025, which is adjusted each year. Current amounts are listed on the Executive Office for Immigration Review’s fee page and on the USCIS fee schedule (Form G-1055).
How Our Columbus I-130 Appeal Lawyers Help
Choosing the right path after a denial starts with a careful review. Before we recommend an appeal, we review the entire record. This includes, for example, the denial notice, the evidence USCIS had, any Request for Evidence or Notice of Intent to Deny and the response, and whether new evidence now exists. We then give you an honest assessment of each option, including its timing and cost. This approach does not guarantee a result, but it helps you choose the path that fits your family’s situation.
We:
- Review the denial and explain each option
- Calendar the appeal deadline
- Prepare and file Form EOIR-29 and a written legal argument (brief)
- Prepare a motion or a new petition when that is the better path
- Follow the appeal until the BIA decides
Every family case is different. At the consultation, we review your situation, explain what our representation will cover, and quote a fee. Most cases are handled for a flat fee.
Frequently Asked Questions About I-130 Denial Appeals
Is an I-130 appeal filed with USCIS or the BIA?
An I-130 appeal is filed on Form EOIR-29 with the USCIS office that denied the petition. USCIS reviews the appeal first and then sends it to the Board of Immigration Appeals.
Can we add new evidence to an I-130 appeal?
Usually not. The Board of Immigration Appeals reviews the evidence that was before USCIS. New evidence usually belongs in a motion to reopen or a new petition. In some cases, the Board may send the case back to USCIS to consider new evidence.
Can my spouse stay in the United States while the I-130 appeal is pending?
An I-130 appeal does not, by itself, give the foreign spouse permission to stay in the United States. The spouse’s ability to stay depends on the spouse’s own immigration status.
Can I file a new I-130 after a denial?
Yes, in many cases. A new petition starts over with a new filing date and can include new evidence. A new petition usually does not help if the denial included a marriage fraud finding.
Do the appeal rules apply to petitions for other relatives?
Yes. The same appeal rules apply to denied Form I-130 petitions for spouses, parents, children, and siblings.
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Talk With a Columbus I-130 Appeal Lawyer
Our Columbus office is at 4449 Easton Way #200, Columbus, OH 43219. Our Dublin, Ohio office is at 565 Metro Pl S #100, Dublin, OH 43017. Both offices are open by appointment only, Monday through Friday, 9 a.m. to 5 p.m.
Contact our Columbus or Dublin, Ohio office, or call 866-665-0001, to schedule a consultation in person, by phone, or by video conference.
