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Immigration Filing Fees Increase Update

We all expect an announcement from the USCIS regarding proposed fee increases in the very near future. The USCIS had scheduled a press conference to announce the fee changes for Thursday, May 10, 2007, but has postponed it. No new date has been announced. American Immigration Lawyers Association, which I am a member of, and other groups are aggressively exploring litigation strategies, as well as other ways to address the expected fee increases.

As you can see from the summary below, the fee increase is unrealistic and will impose an extreme hardship on many applicants. We call for an immediate revision of this proposed unreasonable rule.


The revision and addition read as follows:
Sec. 103.7 Fees.

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(b) * * *
(1) * * *
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For capturing biometric information. A service fee of $80 will be charged for any individual who is required to have biometric information captured in connection with an application or petition for certain immigration and naturalization benefits (other than asylum), and whose residence is in the United States.

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Form I-90. For filing an application for a Permanent Resident Card (Form I-551) in lieu of an obsolete card or in lieu of one lost, mutilated, or destroyed, or for a change in name–$290.

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Form I-102. For filing a petition for an application (Form I-102) for Arrival/Departure Record (Form I-94) or Crewman’s Landing (Form I- 95), in lieu of one lost, mutilated, or destroyed–$320.

Form I-129. For filing a petition for a nonimmigrant worker–$320.

Form I-129F. For filing a petition to classify a nonimmigrant as a fianc[eacute]e or fianc[eacute] under section 214(d) of the Act–$455; no fee for a K-3 spouse as designated in section 214.1(a)(2) of this chapter who is the beneficiary of an immigrant petition filed by a U.S. citizen on Form I-130.

Form I-130. For filing a petition to classify status of an alien relative for issuance of an immigrant visa under section 204(a) of the Act–$355.

Form I-131. For filing an application for travel documents–$305.

Form I-140. For filing a petition to classify preference status of an alien on the basis of profession or occupation under section 204(a) of the Act–$475.

Form I-191. For filing an application for discretionary relief under section 212(c) of the Act–$545.

Form I-192. For filing an application for discretionary relief under section 212(d)(3) of the Act, except in an emergency case, or where the approval of the application is in the interest of the United States Government–$545.

Form I-193. For filing an application for waiver of passport and/or visa–$545.

Form I-212. For filing an application for permission to reapply for an excluded, deported or removed alien, an alien who has fallen into distress, an alien who has been removed as an alien enemy, or an alien who has been removed at government expense in lieu of deportation– $545.

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Form I-290B. For filing an appeal from any decision under the immigration laws in any type of proceeding over which the Board of Immigration Appeals does not have appellate jurisdiction–$585 (the fee will be the same when an appeal is taken from the denial of a petition with one or multiple beneficiaries, provided that they are all covered by the same petition, and therefore, the same decision).

Form I-360. For filing a petition for an Amerasian, Widow(er), or Special Immigrant–$375, except there is no fee for a petition seeking classification as an Amerasian or as a self-petitioning battered or abused spouse, parent, or child of a U.S. citizen or Lawful Permanent Resident.

Form I-485. For filing an application for permanent resident status or creation of a record of lawful permanent residence–$905 for an applicant 14 years of age or older; $805 for an applicant under the age of 14 years; no fee for an applicant filing as a refugee under section 209(a) of the Act. No additional fee will be charged for a request for travel document (advance parole) or employment authorization by an applicant who has paid the Form I-485 application fee, regardless whether or not the Form I-131 or Form I-765 is required to be filed by such applicant to receive these benefits.

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Form I-526. For filing a petition for an alien entrepreneur– $1,435.

Form I-539. For filing an application to extend or change nonimmigrant status–$300.

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Form I-600. For filing a petition to classify an orphan as an immediate relative for issuance of an immigrant visa under section 204(a) of the Act. (When more than one petition is submitted by the same petitioner on behalf of orphans who are brothers or sisters, only one fee will be required.)–$670.

Form I-600A. For filing an application for advance processing of orphan petition. (When more than one petition is submitted by the same petitioner on behalf of orphans who are brothers or sisters, only one fee will be required.)–$670.

Form I-601. For filing an application for waiver of ground of inadmissibility under section 212(h) or (i) of the Act. (Only a single application and fee shall be required when the alien is applying simultaneously for a waiver under both those subsections.)–$545.

Form I-612. For filing an application for waiver of the foreign- residence requirement under section 212(e) of the Act–$545.

Form I-687. For filing an application for status as a temporary resident under section 245A (a) of the Act. A fee of $710 for each application or $570 for each application for a minor child (under 18 years of age) is required at the time of filing with the Department of Homeland Security. The maximum amount payable by a family (husband, wife, and any minor children) shall be $1,990.

Form I-690. For filing an application for waiver of a ground of inadmissibility under section 212(a) of the Act as amended, in conjunction with the application under sections 210 or 245A of the Act, or a petition under section 210A of the Act–$185.

Form I-694. For appealing the denial of an application under sections 210 or 245A of the Act, or a petition under section 210A of the Act–$545.

Form I-695. For filing an application for replacement of temporary resident card (Form I-688)–$130.

Form I-698. For filing an application for adjustment from temporary resident status to that of lawful permanent resident under section 245A(b)(1) of the Act. For applicants filing within 31 months from the date of adjustment to temporary resident status, a fee of $1,370 for each application is required at the time of filing with the Department of Homeland Security. The maximum amount payable by a family (husband, wife, and any minor children (under 18
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years of age living at home)) shall be $4,110. For applicants filing after thirty-one months from the date of approval of temporary resident status, who file their applications on or after July 9, 1991, a fee of $1,410 (a maximum of $4,230 per family) is required. The adjustment date is the date of filing of the application for permanent residence or the applicant’s eligibility date, whichever is later.

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Form I-751. For filing a petition to remove the conditions on residence, based on marriage–$465.

Form I-765. For filing an application for employment authorization pursuant to 8 CFR 274a.13–$340.

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Form I-817. For filing an application for voluntary departure under the Family Unity Program–$440.

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Form I-824. For filing for action on an approved application or petition–$340.

Form I-829. For filing a petition by entrepreneur to remove conditions–$2,850.

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Form N-300. For filing an application for declaration of intention–$235.

Form N-336. For filing a request for hearing on a decision in naturalization proceedings under section 336 of the Act–$605.

Form N-400. For filing an application for naturalization (other than such application filed on or after October 1, 2004, by an applicant who meets the requirements of sections 328 or 329 of the Act with respect to military service, for which no fee is charged)–$595.

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Form N-470. For filing an application for benefits under section 316(b) or 317 of the Act–$305.

Form N-565. For filing an application for a certificate of naturalization or declaration of intention in lieu of a certificate or declaration alleged to have been lost, mutilated, or destroyed; for a certificate of citizenship in a changed name under section 343(c) of the Act; or for a special certificate of naturalization to obtain recognition as a citizen of the United States by a foreign state under section 343(b) of the Act–$380.

Form N-600. For filing an application for a certificate of citizenship under section 309(c) or section 341 of the Act–$460, for applications filed on behalf of a biological child and $420 for applications filed on behalf of an adopted child.

Form N-600K. For filing an application for citizenship and issuance of certificate under section 322 of the Act–$460, for an application filed on behalf of a biological child and $420 for an application filed on behalf of an adopted child.

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Motion. For filing a motion to reopen or reconsider any decision under the immigration laws in any type of proceeding over which the Executive Office for Immigration Review does not have jurisdiction. No fee shall be charged for a motion to reopen or reconsider a decision on an application for relief for which no fee is chargeable or for any motion to reopen or reconsider made concurrently with any initial application for relief under the immigration laws for which no fee is chargeable. (The fee of $585 shall be charged whenever an appeal or motion is filed by or on behalf of two or more aliens and all such aliens are covered by one decision. When a motion to reopen or reconsider is made concurrently with any application for relief under the immigration laws for which a fee is chargeable, the motion is filed and, if the motion is granted, the requisite fee for filing the application for relief will be charged and must be paid within the time specified in order to complete the application.)–$585.

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(c) * * *
(5) Except as otherwise specifically provided by this paragraph and by paragraphs (c)(2) and (c)(4) of this section, no fee relating to any application, petition, appeal, motion or request made to U.S. Citizenship and Immigration Services may be waived under this section except for the following: Form I-90; Form I-751; Form I-765; Form I- 817; Form N-300; Form N-336; Form N-400; Form N-470; Form N-565; Form N-600; Form N-600K; and Form I-290B and motions filed with U.S. Citizenship and Immigration Services relating to the specified forms in this paragraph (c)(5).

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Dated: January 26, 2007.

Michael Chertoff,
Secretary.

[FR Doc. E7-1631 Filed 1-31-07; 8:45 am]