How to Pay an EOIR Fee and What Happens If You Can't
What an EOIR fee is and who has to pay it
An EOIR fee is a payment the Executive Office for Immigration Review requires when you file certain immigration court documents. EOIR is the federal office that runs immigration courts. The fee covers the cost of processing your case — it is not a fine or penalty, but a required filing cost, similar to court fees in other legal proceedings.
You owe an EOIR fee when you file a Notice of Appeal, a Motion to Reopen, a Motion to Reconsider, or certain other motions in immigration court. The amount varies depending on what you are filing. As of 2024, a Notice of Appeal costs $110, but you should confirm the current fee with your immigration court or attorney, since fees can change.
Not every immigration case requires an EOIR fee. If you are filing an initial application for relief (like asylum or cancellation of removal) with the immigration judge, you typically do not pay an EOIR fee at that stage. Your attorney or a legal aid organization can tell you whether your specific document requires payment.
Key Takeaways
- EOIR fees are required for appeals and certain motions in immigration court, and you must pay before your document will be processed.
- You can pay by check, money order, or credit card, depending on which immigration court handles your case.
- If you cannot afford the fee, you can request a fee waiver or reduction by filing a separate form with the court.
- Paying late or not at all will delay your case and may result in your document being rejected or your case being dismissed.
- Your immigration attorney or a legal aid organization can help you understand whether you owe a fee and how to pay it correctly.
How to pay your EOIR fee
The method you use to pay depends on which immigration court is handling your case. Most courts accept checks or money orders made payable to "EOIR" or "Executive Office for Immigration Review." Some courts also accept credit card payments online through their website. A few courts accept payment in person at the courthouse.
Before you send payment, contact your immigration court directly to confirm the exact payee name, mailing address, and whether they accept the payment method you plan to use. You can find your court's contact information on the EOIR website or by calling 1-800-898-6432. Include your case number and your name on the check or money order so the court can match the payment to your file.
Keep a copy of your payment receipt or a photograph of your cancelled check. If the court later claims they did not receive your payment, you will need proof that you sent it. If you pay by mail, send it to the address your court provides, not to a general EOIR office.
What to do if you cannot afford the fee
If paying the fee would cause you financial hardship, you can request that the court waive or reduce it. To do this, you file a separate motion with the immigration court — usually called a "Motion to Waive Filing Fee" or "Motion for Fee Waiver." This motion must explain your financial situation in detail: your income, your expenses, any dependents, and why paying the fee would be a hardship.
The immigration judge will review your motion and decide whether to grant it. There is no may provide your request will be approved, but courts do grant waivers and reductions regularly, especially for people with very low income or no income. Filing the motion does not cost anything, and you can file it at the same time you file the document that requires the fee.
If you have an attorney or are working with a legal aid organization, they can help you prepare the motion and explain what information the judge will want to see. If you do not have representation, you can still file the motion yourself — the court is required to consider it.
What happens if you do not pay on time
If you do not pay your EOIR fee by the deadline, the court will not process your document. Your appeal, motion, or other filing will sit in the court's queue unpaid. This delays your case and can have serious consequences — for example, if you are appealing a deportation order, every day your appeal sits unprocessed is a day closer to your removal date.
In some cases, the court will send you a notice asking you to pay within a set number of days (usually 10 to 30 days). If you still do not pay after that deadline, the court may dismiss your case or reject your filing entirely. A dismissal can mean your appeal is over and the original decision against you stands.
If you miss the deadline but have a good reason — you were sick, you did not receive the notice, you were waiting for a fee waiver decision — you can file a motion asking the court to accept your payment late. The judge has discretion to allow this, but it is not may provide. The sooner you pay or request a waiver, the better.
EOIR fees for different types of filings
The fee you owe depends on what document you are filing. A Notice of Appeal costs $110. A Motion to Reopen or Motion to Reconsider also costs $110. Some other motions may have different fees or no fee at all. If you are unsure whether your specific motion requires a fee, ask your attorney or contact the court.
Fees do not change based on the outcome of your case or how long your case takes. You pay the same amount whether you are appealing a removal order, reopening a closed case, or filing any other covered motion. Some courts may offer payment plans if you cannot pay the full amount at once — ask when you contact the court.
Where to get help understanding your fee obligation
Your immigration attorney is the best source for information about whether you owe an EOIR fee and how much it is. If you do not have an attorney, you can contact your local immigration court directly — the staff can tell you what fee applies to your document and how to pay it. You can also call the EOIR national hotline at 1-800-898-6432.
Legal aid organizations in your area may also help you understand your fee obligation and prepare a fee waiver motion if you need one. You can find legal aid near you through the Executive Office for Immigration Review's list of recognized organizations, or by searching "immigration legal aid" plus your city or state name.
Frequently Asked Questions
Can I get my EOIR fee back if my case is dismissed or I win?
No. Court fees are not refunded, even if your case is dismissed or you win your appeal. The fee is a filing cost, not a deposit. If you paid a fee waiver motion and it was granted, you did not pay anything to begin with.
What if I paid the fee but the court says they never got it?
This is why you should keep proof of payment — a receipt, a cancelled check, or a credit card confirmation. If the court claims they did not receive your payment, show them your proof and ask them to search their records again. If you paid by mail and the check was lost, you may need to pay again and file a motion asking the court to credit you for the duplicate payment.
Do I have to pay an EOIR fee if I am filing my first asylum case?
No. You do not pay an EOIR fee when you file your initial asylum application or other initial relief application with the immigration judge. You only pay if you later file an appeal or motion in that same case.
Can I pay my EOIR fee online?
Some immigration courts accept online credit card payments through their website, but not all do. Contact your specific court to ask if they offer online payment. If they do not, you will need to pay by check, money order, or in person.
What if I cannot pay the fee and my fee waiver is denied?
If your fee waiver motion is denied and you still cannot pay, you can file another motion asking the judge to reconsider, or you can ask your attorney about payment plan options. Some courts will work with you on timing. If you truly cannot pay and cannot get a waiver, talk to your attorney about whether there are other ways to proceed with your case.