Know the Fees Before You File Your BIA Appeal

A removal order or a denial of relief can land on your family with little warning. One of the first questions is how much it costs to file an appeal with the Board of Immigration Appeals (BIA).

A BIA appeal generally requires a government filing fee, set under federal rules and paid with your Notice of Appeal, but a filing fee is not required in some instances, such as a custody bond appeal or an appeal filed by the Department of Homeland Security. The total can be higher, because translations, transcripts, copies, and attorney fees are separate costs. The deadline matters too, because an appeal that isn’t filed on time is not properly filed.

Short answer: what the BIA appeal filing fee is

The BIA filing fee is the charge that comes with your Notice of Appeal on Form EOIR-26. Federal rules set the fee, and an appeal must come with proof of payment or a fee waiver request. 8 CFR 1003.8

You file the notice directly with the Board. It isn’t properly filed until the Board receives it with all required documents, the fee or waiver request, and proof of service. 8 CFR 1003.3

The fee goes to the government and is separate from any attorney fee. It applies to the appeal itself, so budget for it as soon as you decide to appeal. The Executive Office for Immigration Review (EOIR) updated its fee rules in an interim final rule effective June 11, 2026, so confirm the current amount when you file. EOIR fee rule

Other costs that can add to an appeal

Filing fees are only the start. Several other costs can add to an appeal, and each one depends on what your record and paperwork need.

Transcripts. Some appeals involve a hearing transcript. When one is warranted, briefs are due 20 days after the Board sets the schedule and makes the transcript available. 8 CFR 1003.3 Transcript work adds time and cost to the appeal.

Translations. Any foreign-language document needs an English translation and a translator’s signed certification that the translation is true and accurate. Under 8 CFR 1003.33, any foreign language document offered by a party in a proceeding must be accompanied by an English language translation and a certification signed by the translator that must be printed legibly or typed. The certification must state that the translator is competent to translate the document and that the translation is true and accurate to the best of the translator’s abilities. 8 CFR 1003.3

Copies and mailing. Copies, certified copies, and delivery of the filing packet add to the total. The appeal must also show proof of service on the other side. 8 CFR 1003.3

Attorney fees. Representation is billed separately from government fees. Our team discusses fee arrangements directly with prospective clients during a paid consultation.

How the total adds up depends on the facts of your case, including how much documentation and transcript work the record requires.

When a fee waiver may be requested

You may ask for a fee waiver if you can’t pay the filing fee. The Board has discretion to waive the fee when the filer shows an inability to pay. 8 CFR 1003.8

The request goes on Form EOIR-26A, with a declaration signed under penalty of perjury that supports your inability to pay. You file it with the Notice of Appeal. Careful review of each detail in the declaration before it is submitted can help avoid confusion. 8 CFR 1003.8

If the request doesn’t establish inability to pay, the appeal isn’t deemed properly filed. The Board then grants 15 days to refile with the fee or a new request, and the filing deadline is paused during that 15-day cure period. 8 CFR 1003.8

Whether you qualify turns on your income and your situation. Raise a possible waiver early, because a late start on the paperwork can put your timeline at risk.

The deadline and why it affects cost

The deadline to appeal an immigration judge decision is 10 calendar days, or 30 calendar days in certain asylum cases, under 8 CFR 1003.38. It runs from the oral decision, or from mailing or electronic notice of a written decision.

If the last day falls on a weekend or legal holiday, it moves to the next business day. The Board counts the filing date as the day it receives your notice. 8 CFR 1003.38

Cost and timing are linked. If the fee or fee waiver request isn’t filed on time, the appeal is not deemed properly filed. The immigration judge’s decision then becomes final, as though no appeal had been taken. 8 CFR 1003.38

Check the date on your decision and any service date right away. Keep those papers together, because both dates matter. For what comes after filing, see how long a BIA case can take.

What filing a BIA appeal involves

Under 8 CFR 1003.3(c), a briefing schedule is set only for appeals the Board has not summarily dismissed.

8 CFR 1240.15 and 8 CFR 1003.38

8 CFR 1003.1

When no transcript is warranted, both sides file briefs within 20 days of the briefing order, and in no case more than 35 days after the appeal was filed. 8 CFR 1003.3 The Board may consider a late brief, but it has discretion to do so.

Extensions are limited. The Board grants them only in exceptional circumstances, and workload or travel plans do not qualify. 8 CFR 1003.3

8 CFR 1003.1 To learn whether a BIA decision can be appealed further, see can you appeal a BIA decision.

Common questions about BIA appeal costs

Talking through your appeal with our team

A removal order is a hard decision to face, especially when a short deadline is already running. You may be holding the decision now, trying to sort out costs and options at the same time. You may also be reading this for someone you love.

If you want to talk through your appeal and its costs, reach out through our contact form, by phone, or on WhatsApp. You can also book a paid consultation with Adriana Gomez, the responsible lawyer for this page.

Adriana Gomez is responsible for this page at AG Immigration Law P.A., a firm that focuses on removal defense. This page is general information, not advice about your case.