{"id":6423,"date":"2026-11-10T06:15:19","date_gmt":"2026-11-10T06:15:19","guid":{"rendered":"https:\/\/abogadaadrianagomez.com\/resources\/removal-defense\/how-much-does-it-cost-to-appeal-an-immigration-decision\/"},"modified":"2026-11-15T01:13:36","modified_gmt":"2026-11-15T01:13:36","slug":"how-much-does-it-cost-to-appeal-an-immigration-decision","status":"publish","type":"page","link":"https:\/\/abogadaadrianagomez.com\/resources\/removal-defense\/how-much-does-it-cost-to-appeal-an-immigration-decision\/","title":{"rendered":"Cost to Appeal an Immigration Decision: A Plain Guide"},"content":{"rendered":"\n
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Immigration Appeals | Removal Defense<\/p>

Know What an Immigration Appeal Can Cost Before You File<\/h1>

Learn which expenses to expect, from government fees to attorney time, so you can plan with clear information.<\/p>

Book a Paid Consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Adriana Gomez \u00b7 Published November 10, 2026<\/p>\n\n

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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.<\/p>\n

Why the cost of an immigration appeal is hard to pin down<\/h2>\n

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.<\/p>\n

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.<\/p>\n

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.<\/p>\n\n

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If a removal order or a USCIS denial just arrived, you don't have to work out the deadline and the costs alone; our team can talk through your decision with you. Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.<\/p>

Schedule a consultation<\/a><\/div><\/div>\n<\/div>\n\n
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Which appeal, and which office, sets the filing fee<\/h2>\n

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<\/a> explains.<\/p>\n

Some USCIS decisions are appealed on a different form. 8 CFR 106.2<\/a> 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. \u00a7 106.2<\/a>).<\/p>\n

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<\/a>. No appeal lies from an order of removal entered in absentia, under 8 CFR 1240.15<\/a>.<\/p>\n

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<\/a> page explains the process.<\/p>\n

Government filing fees and how to check the current amount<\/h2>\n

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<\/a>.<\/p>\n

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<\/a>. When a fee is required, the appeal must also include proof of payment in a form EOIR authorizes, under 8 CFR 1003.8<\/a>. 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<\/a>, and paying a fee to USCIS does not file your document with the Board or the immigration court, under 8 CFR 103.7<\/a>. An appeal from a DHS officer’s decision is paid to the Department of Homeland Security in accordance with 8 CFR 1103.7(b)<\/a>, and fees paid to DHS in immigration proceedings must include an additional $30 for biometric information, under 8 CFR 103.7<\/a>.<\/p>\n

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<\/a>.<\/p>\n

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<\/a>. It must explain why you can’t pay and include evidence. Waivers are narrow, so don’t assume one applies.<\/p>\n

Costs beyond the filing fee<\/h2>\n

Beyond the government fee, most extra costs come from paperwork and delivery.<\/p>\n