Reference Citations

Sec. 103.7 Fees. (Note: Effective October 26, 2005, several of the application/petition fees listed in this section have been raised for inflation. Please see the notice that was published on September 26, 2005, at 70 FR 56182, to see the actual fee for submitting certain application/petition forms)

(a) Remittances.

(1) Fees shall be submitted with any formal application or petition prescribed in this chapter in the amount prescribed by law or regulation. Except for fees remitted directly to the Board of Immigration Appeals pursuant to the provisions of 8 CFR 1003.8, or as the Attorney General otherwise may provide by regulation, any fee relating to any Department of Justice Executive Office for Immigration Review proceeding shall be paid to, and accepted by, any BCIS office authorized to accept fees. The immigration court does not collect fees. Payment of any fee under this section does not constitute filing of the document with the Board of Immigration Appeals or with the Immigration Court. The Department of Homeland Security shall return to the payer, at the time of payment, a receipt for any fee paid. The BCIS shall also return to the payer any documents, submitted with the fee, relating to any Immigration Court proceeding. (Paragraph (a) revised effective 4/30/04; 69 FR 20528)(Amended 6/30/95; 60 FR 34089) (Paragraph (a) revised 4/29/96; 61 FR 18900) (Amended effective 8/7/96; 61 FR 35597)

(2) Remittances must be drawn on a bank or other institution located in the United States and be payable in United States currency. Fees in the form of postage stamps shall not be accepted. Remittances to the Department of Homeland Security shall be made payable to the “Department of Homeland Security” except that in case of applicants residing in the Virgin Islands of the United States, the remittances shall be made payable to the “Commissioner of Finance of the Virgin Islands” and, in the case of applicants residing in Guam, the remittances shall be made payable to the “Treasurer, Guam.” If an application to the Department of Homeland Security is submitted from outside the United States, remittance may be made by bank international money order or foreign draft drawn on a financial institution in the United States and payable to the Department of Homeland Security. Remittances to the Board of Immigration Appeals shall be made payable to the “United States Department of Justice,” in accordance with 8 CFR 1003.8. A charge of $30.00 will be imposed if a check in payment of a fee or any other matter is not honored by the bank or financial institution on which it is drawn. A receipt issued by a Department of Homeland Security officer for any remittance shall not be binding upon the Department of Homeland Security if the remittance is found uncollectible. Furthermore, legal and statutory deadlines will not be deemed to have been met if payment is not made within 10 business days after notification by the Department of Homeland Security of the dishonored check. (Paragraph (a)(2) added effective 8/7/96; 61 FR 35597)