FORMS: Form EOIR-26 (notice of appeal); Form EOIR-27 (representation)
The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying U.S. immigration laws. The BIA reviews decisions of immigration judges and certain DHS adjudicators (e.g., visa petition denials by USCIS in some categories). BIA decisions can establish nationally-binding precedent.
Adverse decision by immigration judge or qualifying USCIS denial; timely filing within 30 days; standing to appeal.
Step 1: File Form EOIR-26 within 30 days. Step 2: Receive transcript and briefing schedule. Step 3: File appellate brief addressing legal and factual issues. Step 4: BIA decides on briefs (oral argument rare). Step 5: BIA issues decision.
Required: timely notice of appeal; comprehensive appellate brief with legal analysis; record evidence; and procedural compliance.
BIA filing fee.
BIA decisions currently 12–36 months.
Our appellate practice handles BIA cases on asylum denials, removal orders, status determinations, waiver denials, and visa petition revocations. We craft persuasive appellate briefs combining factual development with statutory and regulatory analysis.
If your immigration court or USCIS case has been denied and you face removal or loss of status, BIA appeal may preserve your rights. Contact us for appellate evaluation.
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