This section only discusses fee waivers in removal proceedings.

When you apply for an immigration benefit, you might need to pay a fee. Check the forms for instructions to see how much the required fee is. It will also tell you if the fee can be waived. 

The Immigration Judge can waive the fee if you are unable to pay the required application or motion fee. The Immigration Judge will not grant a fee waiver for certain Department of Homeland Security (DHS) forms. Not all forms are eligible for a fee waiver.

Fee waivers are not automatic. A fee waiver request must include an executed affidavit. Another option is by including an unsworn declaration. This must show the filing party is unable to pay the fee. Suppose a filing is submitted without a required fee and the request for a fee waiver is denied. In that case, the filing will be deemed defectively filed and may be rejected or excluded from evidence.

The Board of Immigration Appeals has a special form, the EOIR-26A. The Immigration Court uses this form too.

We strongly encourage anyone in removal proceedings to speak with an immigration attorney.