To win your EOIR-29 petition to the Board of Immigration Appeals, you will likely need new evidence (perhaps you can present a lease with both you and your spouse’s signatures on it, for example). Whether to appeal or to simply start all over again is a tricky decision that you shouldn’t make without consulting your immigration lawyer first.
State your case clearly
To convince the Board of Immigration Appeals, your Form EOIR-29 notice of appeal will need to state specific reasons why the USCIS was wrong to deny your petition in the first place. The three most likely reasons why the Board of Immigration Appeals might overturn a USCIS decision are:
- The USCIS decision misapplied the law in your case;
- The USCIS decision misapplied the facts to your case; or
- New evidence has surfaced that adds enough weight to your petition to justify overturning the USCIS decision.
You can explain any such reasoning in your brief, and you can add extra pages to Form EOIR-29 if you need to. The importance of having an experienced immigration lawyer prepare your appeal is difficult to overemphasize.