Does motion to reopen before IJ need a fee waiver?
Not automatically. A motion to reopen before an Immigration Judge requires either the required filing fee or a fee-waiver request only if the motion is in a category that carries a fee; if the motion falls within one of the regulatory no-fee exceptions, then no fee waiver is needed at all.[6][1]
Rule
“Except as provided in paragraph (b)(2) of this section, a filing fee ... or a fee waiver request ... is required in connection with the filing of a motion to reopen or a motion to reconsider.” 8 C.F.R. § 1003.24(b)(1).[6]
EOIR’s Immigration Court policy manual says the same thing in practical terms: “Depending on the nature of the motion, a filing fee or fee waiver request may be required.” 8 C.F.R. § 1003.24; EOIR Policy Manual, Part II, ch. 4.7.[4][6]
When a fee waiver is needed
A fee waiver is needed only if:
- the motion to reopen is a type that requires a filing fee, and
- the respondent is asking to proceed without paying because of inability to pay.[5][6]
If a fee is required and no fee or fee-waiver request is submitted, EOIR treats the filing as defective; the 2026 EOIR fee notice states that filings without the proper fee or an applicable fee-waiver request will be rejected.[3]
When no fee waiver is needed
Under 8 C.F.R. § 1003.24(b)(2), no filing fee is required for these Immigration Judge motions, so no fee waiver is necessary in those situations:[6]
| Motion type before IJ | Fee required? | Fee waiver needed? |
|---|---|---|
| Motion to reopen based exclusively on relief that itself has no fee | No | No |
| Motion to reconsider based exclusively on prior fee-free relief | No | No |
| Motion filed while proceedings are already pending before the immigration court | No | No |
| Motion requesting only a stay of removal/deportation/exclusion | No | No |
| Motion to reopen an in absentia order under INA § 240(b)(5)(C)(ii), 8 U.S.C. § 1229a(b)(5)(C)(ii) or former INA § 242B(c)(3)(B) | No | No |
| Motion filed by DHS | No | No |
| Joint motion agreed upon by all parties | No | No |
| Motion filed under another law/regulation/directive that specifically waives the fee | No | No |
EOIR’s fee page specifically confirms the in absentia exception for IJ motions to reopen.[1]
If the motion does require a fee
If the motion is not within a no-fee exception, a filing fee is generally required for a motion to reopen before the IJ.[1][6] EOIR’s forms page identifies Form EOIR-26A as the fee-waiver request form for appeals or motions, and the fee-waiver affidavit explains that the Immigration Judge may grant the request upon a showing of inability to pay.[2][5]
The fee-waiver request must be supported by a properly executed affidavit or unsworn declaration under 28 U.S.C. § 1746. 8 C.F.R. § 1003.24(d).[5][6] If the IJ denies the fee waiver, the motion is not deemed properly filed, but the regulation provides a 15-day cure period to re-file with the fee or a new fee-waiver request, with tolling during that period.[6]
Practical bottom line
So the answer is: a motion to reopen before the IJ does not inherently “need a fee waiver.” It needs a fee waiver only if the motion is one that ordinarily requires a filing fee and the respondent cannot pay; otherwise, if a regulatory no-fee exception applies, neither a fee nor a fee waiver is required.[1][4][6]
One caution: the provided EOIR materials are not fully consistent on the current dollar amount of the IJ motion-to-reopen fee, but they are consistent on the core rule that a fee-waiver request is required only when the motion is otherwise fee-bearing and the filer seeks relief from payment.[1][3]