Board of Immigration Appeals – FAQs

The Board of Immigration Appeals (BIA or Board) is the highest administrative body for interpreting and applying immigration laws. It is authorized up to 15 Board Members, including the Chairman and Vice Chairman who share responsibility for Board management. The Board is located at EOIR headquarters in Falls Church, Virginia. Generally, the Board does not conduct courtroom proceedings - it decides appeals by conducting a "paper review" of cases.

BIA - What do I do when a client retains for an appeal?

We only need 1 money order per family appealing.

Include Money order for $110.00 Payable to US Department of Justice

Inform the attorneys that the client has retained for the appeal.

Request and include evidence of the client having paid the Voluntary Return bond (if applicable $500) to the attorneys so that it can be included in the appeal.

Put notes in Time Matters that the client has retained for the appeal.

What if the appeal is due today?

From www.BIAHelp.com

Same Day BIA Filings via Fax or Email

Same day filing: http://www.biahelp.com/Upload_Your_File.html

How long does an appeal last?

Typically custody appeals are 3-9 months

Some appeals (non-custody) can last 6-12 months

Are there any more court hearings during an appeal?

Not during the appeal. If the client wins the appeal, the case will be remanded back to the EOIR.

If the appeal is dismissed, withholding/asylum applicants can appeal at the Ninth circuit, a higher court. (clients who only applied for E42b are not eligible to take their case to the Ninth Circuit)

When to file: The Board of Immigration appeals is in Falls Church, VA. We must file appeals ASAP and we always send it via Fedex.

Who do I pay? Checks or money orders must be made out to "US Department of Justice"

Where do I send the appeal?:

Board of Immigration Appeals
Office of the Chief Clerk
5107 Leesburg Pike, Suite 2000
Falls Church, VA 22041

Web Site:           http://www.justice.gov/eoir/biainfo.htm

Practice Manual: http://www.justice.gov/eoir/vll/qapracmanual/apptmtn4.htm

Check or Money Order is made payable to:    US Department of Justice

This appeal is due 30 days from the date that the case was denied.