How to File an Appeal Before the Board of Immigration Appeals: A Step-by-Step Guide


Learn how to file an appeal before the Board of Immigration Appeals (BIA), including eligibility requirements, deadlines, necessary forms, and why hiring an immigration lawyer or attorney can improve your chances of success.

You see, receiving an unfavorable decision from an immigration judge can be overwhelming — but it doesn’t have to be the end of your immigration journey. If you believe an error was made in your case, you have the legal right to file an appeal before the Board of Immigration Appeals (BIA). This administrative body provides a critical opportunity to challenge decisions such as deportation orders, asylum denials, and other immigration court rulings.

In this blog post, you’ll learn how to file an immigration appeal, what to expect during the process, and why having the right legal support can make a big difference.

What Is the Board of Immigration Appeals (BIA)?

The Board of Immigration Appeals is the highest administrative body within the U.S. Department of Justice (DOJ) that reviews decisions made by immigration judges and certain Department of Homeland Security (DHS) officers.

The BIA primarily handles appeals related to:

  • Removal (deportation) orders
  • Asylum applications
  • Adjustment of status
  • Waivers of inadmissibility
  • Family-based visa denials
  • Certain criminal immigration issues

The decisions issued by the BIA are binding unless overruled by a federal court.

Who Can File an Appeal Before the BIA?

Can I Appeal an Immigration Judge’s Decision?

Yes. You can appeal an immigration judge’s decision if you believe there was a legal or procedural error in your case.

Common appealable decisions include:

  • Deportation or removal orders
  • Denied applications for asylum, cancellation of removal, or adjustment of status
  • Bond decisions

However, some immigration rulings — especially discretionary decisions — may not be eligible for appeal.

What is the Deadline to File a BIA Appeal?

You must file your appeal within 30 calendar days from the date of the immigration judge’s decision. This deadline is strict. Missing the deadline usually results in your right to appeal being waived.

How to File an Appeal Before the Board of Immigration Appeals

Step 1: Understand the Grounds for Appeal

Before beginning, review the written decision by the immigration judge. An appeal must be based on legal or factual errors, not simply dissatisfaction with the outcome.

If you’re unsure about your eligibility or the validity of your claim, speak with an immigration appeal attorney or immigration question lawyer for a professional review.

Step 2: Complete Form EOIR-26

To officially start the appeal process, complete Form EOIR-26 — Notice of Appeal from a Decision of an Immigration Judge.

Key requirements:

  • Indicate the exact issues you’re appealing
  • Clearly explain your reasons
  • Submit a signed and dated form
  • Pay the $110 filing fee (or request a fee waiver using Form EOIR-26A)

Step 3: Submit the Appeal

You must mail the completed Form EOIR-26 to:

  • Board of Immigration Appeals
  • Clerk’s Office
  • 5107 Leesburg Pike, Suite 2000
  • Falls Church, VA 22041

Note: The BIA must receive your appeal — not just postmark it — within 30 days of the immigration judge’s decision.

What Happens After You File the Appeal?

Once your appeal is received:

1. Acknowledgment Notice

Once the BIA receives your Form EOIR-26 (Notice of Appeal), they will send you an Acknowledgment Notice.

This is an official letter confirming that:

  • Your appeal has been received within the required timeframe
  • The appeal is now under review by the Board
  • You are assigned a case number for reference

This notice serves as proof that your appeal is active and pending. It also gives you a point of contact for checking the status of your case.

2. Briefing Schedule

After the acknowledgment, the BIA may send a briefing schedule, which is a timeline outlining when you (or your attorney) must submit a legal brief.

A brief is a written document that explains:

  • The legal errors made in the original immigration judge’s decision
  • Supporting immigration laws, case law, and facts
  • Why the decision should be reversed or reconsidered

You may also receive a schedule for the opposing party (e.g., the Department of Homeland Security) to submit their response.

Failing to submit your brief on time or submitting a poorly written one can hurt your appeal. A strong legal argument is essential.

3. Review

Once the briefing schedule is complete and all necessary documents are submitted, the BIA will begin reviewing your appeal.

Important details:

  • The BIA does not hold new hearings or take new evidence (except in very rare circumstances)
  • Decisions are based only on the existing record from the immigration judge and the written briefs
  • There’s usually no in-person or oral argument unless specifically granted

You won’t get another chance to tell your side in court — so your paperwork must be persuasive and legally sound.

4. Decision

After reviewing the case, the BIA will issue a written decision sent by mail to you and your attorney.

The decision can be one of the following:

a. Uphold the Original Ruling

  • The BIA agrees with the immigration judge.
  • Your appeal is denied, and the original decision stands (e.g., deportation order remains in effect).

b. Reverse the Decision

  • The BIA disagrees with the immigration judge and changes the outcome.
  • For example, a deportation order could be canceled, or an asylum application might be approved.

c. Remand the Case

  • The BIA sends your case back to the immigration judge for further review or clarification.
  • This often happens if the judge made a procedural mistake or failed to consider important evidence or law.

Each outcome affects your legal status differently. A reversal can mean a win, while a remand gives you another opportunity in immigration court. An upheld decision may require further legal action, like appealing to a federal court.

This process can take several months to over a year, depending on case complexity and caseload.

Do I Need a Lawyer to File an Immigration Appeal?

While not required, it is strongly recommended to work with an experienced immigration appeal lawyer or immigration question attorney.

Reasons include:

  • Precise understanding of legal technicalities
  • Professional writing of appellate briefs
  • Increased chances of success
  • Avoiding common filing errors

Hiring a lawyer could be the difference between deportation and lawful status. Look for licensed attorneys who specialize in immigration appeal services or provide immigration question consultations.

Common Mistakes to Avoid When Appealing to the BIA

  • Missing the 30-day deadline
  • Incorrect or incomplete Form EOIR-26
  • Failing to explain the basis of the appeal
  • Not submitting a legal brief if requested
  • Attempting to introduce new evidence (which BIA typically does not consider)

Studies show that immigrants who are represented by legal counsel are more than five times likely to win their cases compared to those who represent themselves, according to data from the American Immigration Council. So, do yourself a favor and get an immigration appeal attorney.

FAQs: Immigration Appeal Process

1. How long does the BIA appeal process take?

It typically takes 6 to 12 months, though complex cases may take longer.

2. Can I stay in the U.S. while my appeal is pending?

In most cases, yes. Filing a timely appeal generally stays (pauses) deportation until the BIA issues its decision.

3. What if my appeal is denied?

If the BIA denies your appeal, you may be able to petition for review by the federal circuit court of appeals.

Final Thoughts

Filing an appeal before the Board of Immigration Appeals is a detailed legal process that offers a vital second chance for many immigrants. Understanding the steps, meeting all deadlines, and seeking professional support are key to improving your chances of success.

If you’re facing a tough immigration decision, don’t give up hope. Consult with a trusted immigration appeal attorney or immigration question services provider who can guide you through the process and advocate on your behalf.

If you need Help with an Immigration Appeal, contact our team of experienced immigration lawyers today. We offer personalized consultation and immigration question services tailored to your situation. Let us help you fight for your future in the U.S. 

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