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USCIS Will Now Provide Self-Service Kiosks for BIA and EOIR Payments

Posted on July 2, 2021 by sethlerner1964

USCIS announced that, as of June 2021, it will allow attorneys and accredited representatives to use self-service kiosks in USCIS field offices to pay the fees for filing an appeal of a DHS officer decision to the BIA or for filing EOIR immigration court motions.

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District Court Halts Most of EOIR Filing Fee Rule from Going into Effect

Posted on January 24, 2021 by sethlerner1964

A district court judge issued a nationwide stay of the effective date of the December 18, 2020, EOIR final fee rule and a preliminary injunction to enjoin most of its implementation. The rule was set to go into effect today, January 19, 2021. Accordingly, fees will stay the same for BIA appeals from IJ decision (EOIR-26), BIA appeals from decision of DHS officer (EOIR-29), BIA motions to reopen, applications for LPR cancellation (EOIR-42A), applications for non-LPR cancellation (EOIR-42B), and applications for suspension of deportation (EOIR-40). The court did not enjoin the fee for immigration court motions to reopen, attorney disciplinary appeals, or the $50 asylum fee, the latter of which is currently enjoined nationwide by two other courts.

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USCIS Premium Processing Fee Increase Effective Oct. 19, 2020.

Posted on October 30, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The USCIS premium processing service allows petitioners to pay an additional filing fee to expedite the adjudication of certain forms, generally within 15 days. Any Form I-907 (Request for Premium Processing) postmarked on or after Oct. 19 must include the new fee amount. If USCIS receives a Form I-907 postmarked on or after Oct. 19 with the incorrect filing fee, we will reject the Form I-907 and return the filing fee.

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Premium processing fee increase is Congress’ solution to USCIS financial hardship.

Posted on October 14, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

After a federal judge enjoined USCIS from drastically increasing their filing fees a week ago, the fee-funded agency is projecting to be in a financial deficit. However, last week Congress enacted the Continuing Appropriations Act, 2021 and Other Extensions Act to immediately require USCIS to use premium processing at $2,500 for case types it previously charged $1,440. The Act also allows USCIS to set new premium fees without going through the typical regulatory process.

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USCIS has increased fees starting in October.

Posted on August 7, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

USCIS is almost entirely fee-funded, and a decrease in applications in recent months and years has caused the agency to be in a serious budget deficit. On July 31, USCIS announced that it would increase fees for a range of immigration and naturalization applications. Fee increases include a $500 increase in applying for naturalization, adding a $50 fee for asylum seekers, and more. In order to encourage online filing, USCIS will decrease fees by $10 for anyone who files an application or petition online. The new rule and fees will go into effect on October 2, 2020.

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E-Filing Part II

Posted on December 28, 2009 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I understand that E-filing has begun. However, I am confused on what exactly it is, and what types of applications can be filed.

Answer: Each year the Bureau of Citizenship and Immigration Services (BCIS) receives approximately seven million applications for immigration benefits. BCIS has now developed the technology to accept electronic filing of certain applications for immigration benefits. This technology improves both customer service and BCIS’ ability to verify the identity of individuals in the future. E-filing – combined with the collection and storage of an applicant’s digital photograph, signature, and fingerprint – allows the BCIS to produce immigration documents with special security features. Applications that can be filed online are forms I-765 (Application for Employment Authorization) and I-90 (Application for Replacement of Green Card). These two forms represent approximately 30% of the total number of benefit applications filed with BCIS annually.

Question: What must the applicant do to apply for this?

Answer: E-filing is quick, easy and convenient for applicants because it allows them, or their representatives, to complete and submit applications at any time, from any computer with Internet access. Upon completion of the e-filing session, customers will receive instant electronic confirmation that the application was received. Customers can then schedule themselves for an appointment to visit an Application Support Center for collection of a digital photograph, signature, and fingerprint.

For those who file electronically, BCIS confirms the identity of the customer early in the application process. BCIS also electronically collects a photograph, signature, and fingerprint for the individual. These biometrics are stored and can be used later for verification of the person’s identity.

Question: Are there any other forms available for electronic filing?

Answer: Presently no. However, BCIS intends to add electronic filing capabilities for additional forms in the Fall of 2003. Additional forms include: Form I-129, Petition for Nonimmigrant Worker; Form I-131, Application for Travel Document; Form I-140, Immigrant Petition for Alien Worker; Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-821, Application for Temporary Protected Status; and Form I-907, Request for Premium Processing.

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