ICPM ch. 2.4

(a) Where Paid – The EOIR Payment Portal must be used to pay the filing fees listed in the “Filing Type” drop-down menu on the Portal’s webpage. 

(b) When required — A list of motions and applications before the immigration court that require a fee, along with the associated fees, are listed on Types of Appeals, Motions, and Required Fees and Forms webpages.  Where a filing fee is required, the fee must be paid in advance, and the fee receipt must be submitted with the filing.     

(c) When Waived – In certain circumstances, when a filing fee is required, the Immigration Judge has the discretion to waive the fee upon a showing that the filing party is unable to pay the fee. However, the Immigration Judge will not grant a fee waiver where the application for relief is a DHS form and DHS regulations prohibit the waiving of such fee. See 8 C.F.R.  §§ 103.7(a)(1), 1103.7(c).  When available, Fee waivers are not automatic but must be requested through the filing of a Fee Waiver Request (Form EOIR-26A).  The Fee Waiver Request form must be filed along with the application or motion.  The form requests information about monthly income and expenses and requires the applicant to declare, under penalty of perjury, that the applicant is unable to pay the fee due to personal economic hardship.  If a fee waiver request does not establish the inability to pay the required fee, the requesting party will receive a rejection notice and the application or motion will be returned.  However, the filer will be given 15 days to re-file the rejected application or motion with the fee or new fee waiver request, and any applicable filing deadline will be tolled during the 15-day cure period.  8 C.F.R. § 1003.24(d).

Fees are not reimbursed because the application or motion is granted.

In all cases, the Immigration Judge will issue a decision on a fee waiver request in writing or on the record. 

(d) Amount of Payment – 

      (1) Motions to reopen or reconsider - When a filing fee is required, the required fee for motions to reopen or reconsider is listed on EOIR’s website.  The fee is paid to EOIR, in advance of filing, through the EOIR Payment Portal.  The fee receipt and motion are then filed with the immigration court. 

      (2) Applications for relief - Application fees are found in the application instructions and in the federal regulations. See 8 C.F.R. § 103.7.   See also Part I, Chapter 3 (Forms).

      (3) Background and security checks - The DHS biometrics fee is found in the DHS biometrics instructions provided to the aliens in the immigration court. 8 C.F.R. § 1003.47(d).  

(e) Payments in Consolidated Proceedings – Only one payment is needed for a filing that involves more than one respondent/applicant in consolidated proceedings.   

(f) Defective or Missing Payment – If a fee is required to file an application for relief or motion but a fee receipt is not submitted to the immigration court and is not otherwise waivable, the filing is defective and will be rejected or excluded from evidence.   If a fee is not paid in the correct amount or is uncollectible, the filing is defective and will be rejected or excluded from evidence if not timely corrected.  See Chapter 2.1(d) (Defective Filings).