EOIR payments explained
An EOIR payment is a fee you pay to the Executive Office for Immigration Review, a division of the U.S. Department of Justice. You make this payment when you file certain immigration court documents or request specific services related to your immigration case. The payment goes directly to the federal government, not to a lawyer or a private company.
EOIR handles immigration court proceedings — the hearings where immigration judges decide whether you can stay in the United States, whether you must leave, or whether you may have access to for relief from removal. If your case goes to immigration court, you may need to pay EOIR fees at different stages: when you file an appeal, when you request a hearing, or when you ask for a continuance (a delay in your court date).
The amount you pay depends on what you are requesting. Some requests cost nothing. Others have set fees that EOIR publishes and updates periodically. You cannot negotiate the fee or ask for a discount — the amount is the same for everyone.
Key Takeaways
- EOIR fees go to the federal government and are required for certain immigration court filings, such as appeals and hearing requests.
- The fee amount depends on the specific service you are requesting and does not vary by location or personal circumstance.
- You can pay by check, money order, or credit card, depending on which EOIR office you are sending payment to.
- Payment must reach EOIR before your important date; mailing delays mean you should send payment well in advance of any court date or filing important date.
- If you cannot afford the fee, you can request a fee waiver or reduction by submitting a form explaining your financial situation.
When you owe an EOIR fee
You owe an EOIR fee when you take a formal action in immigration court that requires one. The most common situations are: filing an appeal of an immigration judge's decision, requesting a hearing before an immigration judge, or asking for a continuance (postponement) of a scheduled hearing.
Not every immigration court action costs money. For example, if you are responding to a Notice to Appear (the document that tells you to show up in immigration court), you do not pay a fee for that response itself. But if the judge denies your case and you want to appeal that decision to the Board of Immigration Appeals, you will owe a fee at that point.
The EOIR website lists current fees for each type of request. These fees change occasionally, so check the official EOIR fee schedule before you send payment. If you are unsure whether your specific action requires a fee, contact the immigration court handling your case directly — they can tell you whether payment is due.
How much EOIR fees cost
EOIR fees are set by the federal government and do not vary. As of recent updates, an appeal to the Board of Immigration Appeals costs a specific amount, and a request for a hearing costs a different amount. These numbers change infrequently, but when they do, EOIR publishes the new amounts on its website.
Some EOIR services are free. For instance, you do not pay a fee straightforward to appear at a hearing or to file certain motions. The fee applies only to the specific actions listed on the EOIR fee schedule.
If the fee amount listed on the EOIR website differs from what you see elsewhere, trust the official EOIR.gov site. Scams sometimes quote false fees to trick people into sending money to the wrong place or paying more than required.
How to pay EOIR and where the money goes
Payment methods depend on which EOIR office you are sending payment to. Most offices accept checks and money orders made payable to "Executive Office for Immigration Review." Some offices also accept credit card payments, usually through a phone line or online portal specific to that office.
Mail your payment to the address listed on the EOIR fee schedule or on the specific form you are filing. Do not send payment to an immigration lawyer's office or to any private company — send it directly to the EOIR office listed in the official instructions. The address matters: sending payment to the wrong office delays processing and may cause your filing to be rejected as incomplete.
When EOIR receives your payment, it is recorded in your case file. The money goes into a federal account; it does not go to the immigration judge, the court, or any individual. Your receipt or proof of payment becomes part of your official record and shows that you met the fee requirement on time.
Proof of payment and keeping records
Always keep proof that you paid the EOIR fee. If you pay by check or money order, write your case number on the payment itself so EOIR can match it to your file. Keep a copy of the front and back of the check or money order, or ask the post office for a receipt showing the payment was sent.
If you pay by credit card, you will receive a confirmation number or receipt. Save that confirmation. If you pay in person at an EOIR office, ask for a written receipt on the spot.
Bring your proof of payment to your immigration court hearing or include it with any filing you submit. If EOIR claims they never received your payment, your proof shows when and how you sent it. This protects you if there is a dispute about whether the fee was paid on time.
Fee waivers and reductions if you cannot afford the fee
If you cannot afford to pay the EOIR fee, you can request a waiver or reduction. You do this by filing a form (usually called a Request for Fee Waiver or Reduction) along with evidence of your financial situation — such as pay stubs, bank statements, or a letter explaining your income and expenses.
EOIR will review your request and decide whether to waive the fee entirely, reduce it, or require you to pay the full amount. There is no may provide your request will be granted, but you have the right to make the request. The decision is made by the immigration court or the Board of Immigration Appeals, depending on which office is handling your case.
Submit your waiver request at the same time you submit the filing that requires the fee. Do not wait until after the important date to ask for a waiver — submit both documents together. If your waiver is denied, you will still owe the full fee, so plan ahead.
Common mistakes when paying EOIR fees
One frequent mistake is sending payment to the wrong address. EOIR has multiple offices, and each one has its own mailing address. Using the wrong address delays your payment reaching the right place and can cause your filing to be rejected. Always check the official EOIR website or the form instructions for the correct address.
Another mistake is not including your case number or identifying information with the payment. EOIR processes hundreds of payments daily. Without your case number, they may not be able to match your payment to your file, and your filing could be treated as incomplete even though you paid.
A third mistake is sending payment too close to the important date. Mail can be delayed, and EOIR must receive the payment by the important date — not just receive it in the mail. Send payment at least one to two weeks before any important date to account for postal delays.
Finally, some people send payment to a private company or lawyer's office instead of directly to EOIR. While a lawyer can help you prepare documents, the fee payment itself must go to the government office. Never send an EOIR fee to anyone except EOIR.
Frequently Asked Questions
Can I pay an EOIR fee online?
Some EOIR offices accept online payment through their website or a phone system, but not all do. Check the EOIR.gov website or contact your local immigration court to see if online payment is available for your type of filing. If it is not available, you will need to mail a check or money order.
What happens if I miss the important date to pay the EOIR fee?
If the fee important date passes and you have not paid, your filing may be rejected as incomplete. You may lose your right to appeal or request a hearing. Contact the immigration court when ready if you miss a important date — in some cases, the court may allow a late payment if you have a good reason for the delay.
Do I need to pay an EOIR fee if I have a lawyer?
Yes. The EOIR fee is separate from what you pay your lawyer. Your lawyer may help you prepare the documents and submit them, but you still owe the government fee directly to EOIR. Your lawyer cannot pay this fee on your behalf — you must pay it yourself or request a waiver.
Can I get a refund if I paid an EOIR fee by mistake?
EOIR refunds are rare and usually only granted if you paid twice for the same filing or paid the wrong amount. Contact the EOIR office that received your payment and explain the situation. They will tell you whether a refund is possible and what steps to take.
What if I cannot find the current EOIR fee amount?
Go to EOIR.gov and look for the fee schedule, or call the immigration court handling your case. Do not rely on information from other websites or from people online — fee amounts change, and using an outdated amount can cause your payment to be rejected.