Paying the EOIR-26 Fee for Your BIA Appeal, Step by Step

An Immigration Judge decision you don’t agree with starts a short clock. Many families ask right away what the appeal costs and how to pay it.

The EOIR-26 fee is the filing fee that goes with a Notice of Appeal (Form EOIR-26) to the Board of Immigration Appeals (BIA). If the fee is missing, the appeal is not properly filed. If you can’t pay, you can ask for a fee waiver on Form EOIR-26A.

What the EOIR-26 Form Does and When It Must Be Filed

The EOIR-26 is the form you use to take an Immigration Judge decision to the Board. An appeal is filed directly with the Board, within the time the rules set. 8 CFR 1003.3 covers that filing step.

The deadline is short, and it starts from the day the judge’s decision is stated or sent to you. If the last day falls on a weekend or legal holiday, the deadline moves to the next business day. The Notice of Appeal must reach the Board within 10 calendar days of the judge’s decision (30 days in certain asylum cases), and 8 CFR 1003.38 sets out these timing rules.

The filing date is the day the Board receives your notice, not the day you mailed it. Your Notice of Appeal (Form EOIR-26) must be accompanied by the appropriate fee or by an Appeal Fee Waiver Request (Form EOIR-26A). 8 CFR 1240.15 provides that failure to state the reasons for the appeal in the Notice of Appeal may constitute a ground for dismissal.

Some orders cannot be appealed at all. No appeal lies from an order of removal entered in absentia, so the fee question never reaches those cases.

If a decision has just arrived, the clock is already running. The fee and the deadline need your attention at the same time.

How Much the EOIR-26 Fee Is and Why It Changes

Under 8 C.F.R. § 1103.7, fees for a formal appeal, motion, or application must be submitted in the amount prescribed by law or regulation, and applications or motions will not be accepted unless they are accompanied by proof of payment of any required fees. An older guide may list a number that no longer applies. 8 CFR 1003.8 says that, except as provided in its paragraph (a)(2) and in 8 CFR 1208.4(d)(3), the filing fee prescribed in 8 CFR 1103.7 is required with an appeal to the Board.

Not every appeal carries the same fee. A custody bond appeal filed under 8 CFR 1003.1(b)(7) concerns a determination relating to bond, parole, or detention of an alien as provided in 8 CFR part 1236, subpart A.

Any other form you send with the appeal may have its own fee, so review each one before you file. Any fee a firm quotes you should disclose everything you may owe, and it is honored for at least 90 days unless a shorter period is stated.

How to Pay the EOIR-26 Fee

You pay the fee in a manner and form that EOIR authorizes, and you send proof of payment with the appeal. 8 CFR 1003.8 sets this rule.

Keep a copy of the proof of payment with your copy of the filing. Write down the date you sent everything. Keep the mailing or filing record too.

Mailing on the last day is risky. The Board counts the filing on the day it receives the notice. A payment that is short, late, or sent without proof can stop the appeal from being properly filed.

Requesting a Fee Waiver with Form EOIR-26A

If you can’t pay, file Form EOIR-26A with your Notice of Appeal. The Board has discretion to waive the fee when the filer shows an inability to pay. 8 CFR 1003.8 explains how the request works.

The request includes a declaration signed under penalty of perjury.

Whether the Board grants a waiver depends on the facts of your case.

If the request does not show an inability to pay, the appeal is not deemed properly filed, provided the Board grants 15 days to re-file. The Board also tolls any applicable filing deadline during that 15-day cure period.

Legal help itself can be out of reach. The National Center for State Courts notes that attorney fees can be unaffordable for lower- and middle-income clients.

Common Mistakes That Delay a BIA Appeal

Several errors can delay an appeal or stop it from being accepted.

• No fee and no waiver request. The notice must come with one or the other. 8 CFR 1003.38 makes this a condition of a properly filed appeal.
• No reasons stated. The Notice of Appeal must state the reasons for the appeal. 8 CFR 1240.15 covers this.
• No proof of service. The appeal must show that a copy went to the other side. 8 C.F.R. § 1003.3 reads: “An appeal is not properly filed unless it is received at the Board, along with all required documents, fees or fee waiver requests, and proof of service, within the time specified in the governing sections of this chapter.” 8 CFR 1003.3 requires this.
• Unsigned forms. Signatures must be original ink, encrypted digital, or electronic, as the rule allows.
• Old address. Within five working days of a change of address, an alien must give written notice on Form EOIR-33; a representative should also notify the Board of any change in the representative’s business mailing address.
• Old fee amount. An outdated figure can leave the payment short.

What Happens After the Fee Is Paid and the Appeal Is Filed

Once the Board properly receives the appeal, it sets a briefing schedule for all appeals it has not summarily dismissed. When no transcript is needed, briefs are due within 20 days of the Board’s order, and no more than 35 days after the appeal was filed. 8 CFR 1003.3 sets these deadlines.

Workload and travel plans, or similar concerns within the control of either party or their representatives, do not count as exceptional circumstances for an extension. In its discretion, the Board may consider a brief that has been filed out of time.

8 CFR 1003.1 sets this rule.

Related topics include green card options after a BIA dismissal, INA 212(h) waivers, and adjustment of status.

Frequently Asked Questions