I-881 Ins Toc

TABLE OF CHANGES – INSTRUCTIONS

Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal

OMB Number: 1615-0072

10/30/2019

Reason for Revision: 2019 Fee Rule.

Legend for Proposed Text:

• Black font = Current text

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Expires 03/31/2019

Edition Date 03/21/2017

Current Page Number and Section	Current Text	Proposed Text
Pages 4-6, Part III. How to Complete the Application	[Page 4] Part III. How to Complete the Application … C. What is the Fee? To apply with USCIS for suspension of deportation or special rule cancellation of removal, you must pay the filing fee of $285 per individual application submitted, except that all immediate family members (spouse, child, unmarried son or unmarried daughter) who submit their applications together in a single package are eligible for the family filing fee of $570.  You will need to follow the instructions on How to Pay When Applying with USCIS, and those at Part IV, How to Apply Before USCIS. To apply with EOIR for suspension of deportation or special rule cancellation of removal, the fees you must pay if you are applying in Immigration Court are different from the fees you must pay if you are applying with USCIS.  If you are filing your application with the Immigration Court, you must pay a $165 fee to the U.S. Department of Homeland Security.  A single fee of $165 will be charged whenever applications are filed by two or more aliens in the same proceedings.  You will need to follow the instructions on How to Pay When Applying with EOIR and those at Part V, How to Apply With the Immigration Court.  NOTE: The $165 fee is not required if USCIS refers the application to the Immigration Court. In addition, each person applying with either USCIS or EOIR must pay a biometrics services fee of $85 for USCIS to take their fingerprints and photograph, and, if also required, their signature.  There is no family discount for the biometrics services fee. If you are unable to pay the application fees, you may ask permission to file your Form I-881 without fees, under 8 CFR 103.7(c) and 8 CFR 1003.24(d). These fees will not be refunded, regardless of the action taken on your application.  Therefore, it is important that you read the instructions and application carefully before applying. [new] How to Submit the Fee.  All fees must be submitted in the exact amount.  Payment may be made by personal check, cashier's check, certified bank check, bank international money order, or foreign draft, drawn on a financial institution in the United States.  Remittances must be made payable to the Department of Homeland Security and in U.S. currency. If the check is drawn on an account of a person other than yourself, you must write your name and A-Number on the front of the check.  An uncollectible check will make your application invalid, and any receipt issued by USCIS for the remittance will not be binding on USCIS.  A charge of $30 will be imposed if the check in payment of a fee is not honored by the bank on which it is drawn. [Page 5] How to Pay When Applying with USCIS.  You must include the required fees with your application when you send it to USCIS.  You may use one check to cover the application fee and the biometrics services fee. All immediate family members (spouse, child, unmarried son or unmarried daughter) who wish to take advantage of a family discount for filing fees must send their applications in a single package. … 4.  Additionally, if you are unable to pay the required application filing fee, you must submit a fee waiver request to the immigration judge.  Submit the immigration judge's fee waiver decision with your application.  NOTE:  If you received a fee waiver from the immigration judge, USCIS suggests that you make a copy of the decision for your records. 5.  An $85 USCIS biometrics services fee for each person in removal proceedings is required.  NOTE: Only USCIS can decide whether to waive biometrics services fees.  Immigration judges do not have the ability to waive these fees. 6.  A copy of the DHS Instructions for Submitting Certain Applications in Immigration Court and for Providing Biometric and Biographic Information to USCIS. …	[Page 4] Part III. How to Complete the Application … C. What is the Fee? To apply with USCIS for suspension of deportation or special rule cancellation of removal, you must pay the filing fee of $1,800 per individual application submitted. Certain individuals may be eligible to request a fee waiver under 8 CFR 106.3. You will need to follow the instructions on How to Pay When Applying with USCIS, and those at Part IV, How to Apply Before USCIS. [no change] In addition, each person applying with EOIR must pay a biometric services fee of $30 for USCIS to take their fingerprints and photograph, and, if also required, their signature.  If you are applying through EOIR, you can find information on fee waivers under 8 CFR 106.3 please review the instructions for USCIS Form I-912 found at www.uscis.gov. [no change] Notice to Those Making Payment by Check.  If you send us a check, USCIS will convert it into an electronic funds transfer (EFT). This means we will copy your check and use the account information on it to electronically debit your account for the amount of the check. The debit from your account will usually take 24 hours and your bank will show it on your regular account statement.  You will not receive your original check back. We will destroy your original check, but will keep a copy of it. If USCIS cannot process the EFT for technical reasons, you authorize us to process the copy in place of your original check. If your check is returned as unpayable, we may reject your application.  [delete] [Page 5] How to Pay When Applying with USCIS.  You must include the required fees with your application when you send it to USCIS.  You may use one check to cover the application fee and the biometrics services fee. … 4.  Additionally, if you are unable to pay the required application filing fee, you must submit a fee waiver request to the immigration judge.  Submit the immigration judge's fee waiver decision with your application.  NOTE:  If you received a fee waiver from the immigration judge, USCIS suggests that you make a copy of the decision for your records. [delete] 5.  A copy of the DHS Instructions for Submitting Certain Applications in Immigration Court and for Providing Biometric and Biographic Information to USCIS. …
Pages 6-8, Part IV. How to Apply Before USCIS?	[Page 6] Part IV. How to Apply Before USCIS? … 3.  Four passport-style photographs of you that meet the requirements described in Part III (C) of these Instructions; 4. Payment for the fees as explained in Part III (B), What Is the Fee of these Instructions or a request for a waiver of the fees under 8 CFR 103.7(c); and … [Page 8] 5. A certificate showing service of these documents on the DHS District Counsel, unless service is made on the record at the hearing; and 6. Form G-325A, Biographic Information Sheet, if you are between 14 and 79 years of age. Submit copies of supporting documents and bring the originals with you to your hearing with an immigration judge. Any original documents you submit will not be returned to you. Remember to keep copies of your fee receipts and ASC scheduling and confirmation notices for your records. Be prepared to provide copies of these documents to the immigration judge if requested to do so. …	[Page 6] Part IV. How to Apply Before USCIS? … 3.  Two passport-style photographs of you that meet the requirements described in Part III (C) of these Instructions; 4. Payment for the fees as explained in Part III (B), What Is the Fee of these Instructions or a request for a waiver of the fees under 8 CFR 106.3; and … [Page 8] 5. A certificate showing service of these documents on the DHS District Counsel, unless service is made on the record at the hearing; and [deleted] Submit copies of supporting documents and bring the originals with you to your hearing with an immigration judge. Any original documents you submit will not be returned to you. Remember to keep copies of your fee receipts and ASC scheduling and confirmation notices for your records. Be prepared to provide copies of these documents to the immigration judge if requested to do so. …

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