About the Board of Immigration Appeals (BIA)

In this video, we're going to explain four of the most frequently asked questions about the BIA, otherwise known as the Board of Immigration Appeals.

Number one, what is the Board of Immigration Appeals?

The Board of Immigration Appeals is the highest administrative body for interpreting and applying the immigration laws.

The BIA generally handles cases nationwide for decisions made by the immigration court,
and also by the Department of Homeland Security.

The second question is, how do you file a BIA appeal?

You start by filing with the Board of Immigration Appeals in the State of Virginia.

And you'll use form EOIR 26 to appeal a decision by an immigration judge.

Now if you wish to appeal a decision of USCIS or the Department of Homeland Security,
you could use a different form called EOIR 29.

Number three, when must I send the appeal?

You got to send the appeal, or at least the notice of appeal, and have it arrive at the Board of Immigration Appeals within 30 calendar days of the immigration judge's oral decision. Now if that decision was in writing it has to be within 30 days
of when that was mailed to you. I cannot stress enough how important it is to file your notice in 30 days or less.

It has to arrive on time or the appeal will be dismissed.

Number four, will I have to go to the BIA court for my case?

Generally speaking the BIA does not conduct any courtroom proceedings.

It decides appeals by doing a paper review of all cases. On rare occasions however,
the BIA will grant oral argument on some of the appealed cases.

Now, please feel free to call us with your immigration questions.
Our office is committed to protecting your American Dream.