Know What an Immigration Appeal Can Cost Before You File

You got a decision in an immigration case, and now you want to know what it costs to appeal. That’s a fair first question. The short answer: the cost has three parts. Those parts are government filing fees, supporting costs, and attorney fees. The government filing fee depends mostly on which body made the decision.

Why the cost of an immigration appeal is hard to pin down

The total cost of an immigration appeal has several parts, and only some of them are fixed amounts. Think of it as three buckets: government filing fees, supporting costs, and attorney fees. Each bucket works differently, so the total changes from case to case.

The filing fee comes from federal regulations. Which fee applies depends on which office decided your case and what kind of appeal you file. Fee schedules change over time. The regulation links in this article point to the eCFR version dated October 20, 2026. Confirm the current amount before you file.

Supporting costs vary more. Records, translations, and delivery costs depend on how large your file is. Attorney fees depend on the facts, which we cover below.

Which appeal, and which office, sets the filing fee

An appeal from an immigration judge’s decision goes directly to the Board of Immigration Appeals on Form EOIR-26. The Notice of Appeal must reach the Board within the time the rules set, as 8 CFR 1003.3 explains.

Some USCIS decisions are appealed on a different form. 8 CFR 106.2 lists Form I-290B, Notice of Appeal or Motion, for appeals in proceedings the Board does not hear. The fee for a Notice of Appeal or Motion, Form I-290B, is $800, but there is no fee for conditional permanent residents who filed a waiver of the joint filing requirement based on battery or extreme cruelty and filed a Notice of Appeal or Motion (Form I-290B) when their Petition to Remove the Conditions on Residence (Form I-751) was denied (8 C.F.R. § 106.2).

Some decisions follow a different path. If an immigration judge orders removal, the judge must give you Form EOIR-26 unless you waive appeal, under 8 CFR 1240.13. No appeal lies from an order of removal entered in absentia, under 8 CFR 1240.15.

Start with the decision in your hand. Find out who issued it and the date it was issued. That answer decides the form and the fee. If you face removal proceedings, our removal defense page explains the process.

Government filing fees and how to check the current amount

An appeal is not properly filed unless the Board receives it on time with the required fee or fee waiver request, plus proof of service. See 8 CFR 1003.3.

Payment has its own rules. Remittances to the Board must be made payable to the “United States Department of Justice,” under 8 CFR 103.7. When a fee is required, the appeal must also include proof of payment in a form EOIR authorizes, under 8 CFR 1003.8. The fee for filing an appeal or motion with the Board is paid in a manner and form authorized by EOIR, under 8 CFR 1003.8, and paying a fee to USCIS does not file your document with the Board or the immigration court, under 8 CFR 103.7. An appeal from a DHS officer’s decision is paid to the Department of Homeland Security in accordance with 8 CFR 1103.7(b), and fees paid to DHS in immigration proceedings must include an additional $30 for biometric information, under 8 CFR 103.7.

Fee waivers work differently for each office. For a Board appeal, you file Form EOIR-26A with a declaration signed under penalty of perjury. The Board can waive the fee if you show you cannot pay. If the request doesn’t show that, the appeal is not deemed properly filed, provided the Board grants 15 days to re-file the rejected document with the filing fee or new fee waiver request, and any applicable filing deadline is tolled during that 15-day cure period, under 8 CFR 1003.8.

For a Board appeal or motion, a fee waiver request must be filed along with the Notice of Appeal or the motion, under 8 CFR 1003.8. It must explain why you can’t pay and include evidence. Waivers are narrow, so don’t assume one applies.

Costs beyond the filing fee

Beyond the government fee, most extra costs come from paperwork and delivery.

• Hearing transcripts. When the Board needs a transcript, briefs are due 20 days after the Board’s order sets the schedule and makes the transcript available, under 8 CFR 1003.3.
• Copies of records. Getting copies of your file may carry a charge.
• Postage and courier. Each filing and each copy served on the other side needs delivery. Appeals and briefs must include proof of service on the opposing party.

Missing or late items cost more. An appeal without required documents is not properly filed. A late USCIS appeal is rejected, and the fee the agency accepted is not refunded, under 8 CFR 103.3. A refiling means paying the fee again.

How attorney fees are set

Attorney fees depend on the facts of each case, including its stage, the size of the record, and the work the appeal needs. Government fees and attorney fees are separate costs, so ask about each one.

A paid consultation is a different step from representation in an appeal. Know what each one covers before you agree to either.

Who files also matters. Under 8 CFR 103.3, a USCIS appeal filed by an attorney without a properly executed Form G-28 is considered improperly filed; if the reviewing official decides favorable action is not warranted with respect to an otherwise properly filed appeal, the appeal may be considered properly filed as of its original filing date once the attorney or representative submits a properly executed Form G-28 entitling that person to file the appeal. The filing fee is not refunded in that case.

Deadlines that affect what an appeal costs

The Board’s deadline starts on the day the immigration judge gives an oral decision. For a written decision, it starts when the decision is mailed or sent electronically, under 8 CFR 1003.38. If the last day falls on a weekend or legal holiday, the deadline moves to the next business day.

Asylum cases follow their own timing. When the judge decided an asylum application without denying it under INA 208(a)(2)(A), (B), or (C), Form EOIR-26 is due within 30 calendar days, under the same section.

A late appeal can end the appeal. Any issue you don’t raise in the Notice of Appeal is waived. The notice must also state your reasons, or the Board may dismiss it, under 8 CFR 1240.15. Your address changes matter too. Within five working days of a move, you must send Form EOIR-33 to the Board.

Write down the decision date and any service date before you do anything else. Our BIA appeals page walks through the Board process step by step.

What to do next if an appeal is being considered

Start by checking the decision and its dates against your paperwork. If a removal order or a USCIS denial just arrived, the clock may already be running.

Many people reading this are a spouse, parent, or adult child researching for someone else. That position is stressful, and it’s normal to feel rushed.

Frequently asked questions