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Form 1–192. 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 Govern

ment-$170.00. Form I-193. For filing an application for

waiver of passport and/or visa-$170.00. 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 ex

pense in lieu of deportation-$170.00. Form 1–246. For filing application for stay

of deportation under part 243 of this chap

ter—$155.00 Form I-290A. For filing appeal from any de

cision under the immigration laws in any type of proceedings (except a bond decision) over which the Board of Immigration Appeals has appellate jurisdiction in accordance with $3.1(b) of this chapter. (The fee of $110 will be charged whenever an appeal is filed by or on behalf of two or more aliens and the aliens are covered by one de

cision)$110.00 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. (The fee of $50 will be charged whenever an appeal is filed by or on behalf of two or more aliens and the aliens are covered by one decision) $110.00 Form 1-360. For filing a petition for an

Amerasian, Widow(er), or Special Immigrant-$110.00, except there is no fee for a petition seeking classification

Amerasian. Form I-485. For filing application for per

manent resident status or creation of a record of lawful permanent residence$220.00 for an applicant 14 years of age or older; $160.00 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. Supplment A to Form I-485. Supplement to

Form I-485 for persons seeking to adjust status under the provisions of section 245(i) of the Act-$1000, except that payment of this additional sum is not required when the applicant is an unmarried child who is less than 17 years of age, or when the applicant is the spouse or the unmarried child less than 21 years of age of a legalized alien and is qualified for and has applied for voluntary departure under the family unity

program. Form 1-506. For filing application for

change of nonimmigrant classification

under section 248 of the Act-$70.00. Form I-526. For filing a petition for an

alien entrepreneur-$350.00.

Form I-538. For filing application by a non

immigrant student (F-1) for an extension of stay, a school transfer or permission to accept or continue employment or prac

tical training-$70.00. Form 1–539. For filing an application to ex

tend or change nonimmigrant status

$120.00. Form 1-570. For filing application for

issuance or extension of refugee travel doc

ument-$45.00 Form 1-600. For filing a petition to classify orphan

immediate relative for issuance of 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. $405.00. Form 1-600A. 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.)-$405.00. Form 1-601. For filing an application for

waiver of ground of inadmissability 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 waiver under both those sub

sections.)$170.00. Form 1-612. For filing an application for

waiver of the foreign-residence requirement under section 212(e) of the Act

$170.00. Form 1-687. For filing application for status

as a temporary resident under section 245A (a) of the Immigration and Nationality Act as amended to be remitted in the form of a cashier's check, certified bank check or money order. A fee of one hundred and eighty-five dollars ($185.00) for each application or fifty dollars ($50.00) for each application for a minor child (under 18 years of age) is required at the time of filing with the Immigration and Naturalization Service. The maximum amount payable by a family (husband, wife, and any minor children) shall be four hundred and twenty

dollars ($420.00). Form I-690. For filing application for waiv

er for ground of excludability 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 $210A. A fee of thirty-five dollars ($35.00) is to be remitted in the form of a cashier's check, certified bank check or

money order. Form I-694. For appealing the denial of ap

plication under sections 210 or 245A of the Act, or a petition under $210A. A fee of fifty dollars ($50.00) is to be remitted in the form of a cashier's check, certified bank check or money order.

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Form 1-695. For filing application for re

placement of temporary resident card (Form 1-688) to be remitted in the form of a cashier's check, certified bank check or a

money order$15.00 Form 1-698. For filing application for adjustment from temporary resident status to that of lawful permanent resident under section 245A(b)(1) of the Act, as amendedto be remitted in the form of a cashier's check, certified bank check or money order. For applicants filing within thirtyone months from the date of adjustment to temporary resident status, a fee of eighty dollars ($80.00) for each application is required at the time of filing with the Immigration and Naturalization Service. The maximum amount payable by a family (husband, wife, and any minor children (under 18 years of age living at home)) shall be two hundred and forty dollars ($240.00). For applicants filing after thirtyone months from the date of approval of temporary resident status, who file their applications on or after July 9, 1991, a fee of $120.00 (a maximum of $360.00 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. Form I-700. For filing application for status

temporary resident under section 210(a)(1) of the Act, as amended to be remitted in the form of a cashier's check. certified bank check or a money order. A fee of one hundred and eighty-five dollars ($185.00) for each application or fifty dollars ($50.00) for each application for a minor child (under 18 years of age) is required at the time of filing with the Immigration and Naturalization Service. The maximum amount payable by a family (husband, wife, and any minor children) shall be four hundred and twenty dollars

($420.00). Form I-751. For filing a petition to remove

the conditions on residence, based on marriage-$125.00. Form I-765. For filing an application for

employment authorization pursuant to 8

CFR 274a.13-$100.00. Form I-805. For filing a petition for status as a temporary resident under $210A. A fee of one hundred and seventy-five dollars ($175.00) for each petition, is to be remitted in the form of a cashier's check, certified bank check or money order at the time of filing with the Immigration and Natu

ralization Service. Form 1-807. For filing a request for consideration as

a replenishment agricultural worker (RAW) during an announced period of registration under 8 CFR 210a.3. A fee of ten dollars ($10.00) is to be remitted in the form of a cashier's check, certified bank check or money order at the time of mail

ing to the Immigration and Naturalization

Service. Form 1-817. For filing an application for

voluntary departure under the Family

Unity Program-$120.00. Form I-821. For filing an initial application

for Temporary Protected Status under section 244 of the Act as amended by section 308(a)(7) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as amended by the Immigration Act of 1990, to be remitted in the form of a cashier's check, certified bank check, or money order. The exact amount of the fee, not to exceed fifty dollars ($50.00), will be determined at the time a foreign state is des

ignated for Temporary Protected Status. Form 1-823. For application to

PORTPASS program under section 286 of the Act-$25.00, with the maximum amount of $50.00 payable by a family (husband, wife, and minor children under 18 years of age). The application fee may be waived by the district director. If fingerprints are required, the inspector will inform the applicant of the current Federal Bureau of Investigation fee for conducting fingerprint checks prior to accepting the application fee. Both the application fee (if not waived) and the fingerprint fee must be paid to the Immigration and Naturalization Service before the application will be processed. The fingerprint fee may not be waived. For replacement of PORTPASS documentation

during the participation period—$25.00. Form I-824. For filing for action on an ap

proved application or petition-$120.00. Form I-829. For filing a petition by entre

preneur to remove conditions $345.00. Form 1-881. For filing an application for

suspension of deportation or special rule cancellation of removal (pursuant to section 203 of Public Law 105-100):

$215 for adjudication by the Service, except that the maximum amount payable by family members (related as husband, wife, unmarried child under 21, unmarried son, or unmarried daughter) who submit applications at the same time shall be $430.

$100 for adjudication by the Immigration Court (a single fee of $100 will be charged whenever applications are filed by two or more aliens in the same proceedings). The $100 fee is not required if the Form I-881 is referred to the Immigration Court by the

Service. Form N-300. For filing an application for

declaration of intention-$50.00. Form N-336. For filing a request for hearing

on a decision in naturalization proceedings

under section 336 of the Act-$170.00. Form N-400. For filing an application for

naturalization-$225.00. Form N-410. For filing motion for amend

ment of petition for naturalization when motion is for the convenience of the peti

tioner-$50.00 Form N-455. For filing application for

transfer of petition for naturalization under section 335(i) of the Act, except when transfer is of a petition for naturalization filed under the Act of October 24, 1968, Pub.

L. 90-633—$90.00. Form N-470. For filing an application for

section 316(b) or 317 of the Act benefits

$80.00. 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(b) or (d) 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(c) of

the Act-$135.00. Form N-600. For filing an application for a

certificate of citizenship under section

309(c) or section 341 of the Act-$160.00. Form N-643. For filing an application for a

certificate of citizenship on behalf of an

adopted child-$125.00. Form N-644. For filing an application for

posthumous citizenship-$80. Motion. For filing a motion to reopen or re

consider any decision under the immigration laws in any type of proceeding over which the Board of Immigration Appeals has appellate 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, 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, or for a motion to reopen a deportation or removal order entered in absentia if that motion is filed pursuant to 8 U.S.C. 1252b(c)(3)(B) as it existed prior to April 1, 1997, or section 2406(5)(C)(ii) of the Immigration and Nationality Act, as amended. (The fee of $110 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 fee of $110 will be charged when 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 com

plete the application.-$110. Motion. For filing a motion to reopen or re

consider any decision under the immigration laws in any type of proceeding over which the Board of Immigration Appeals does not have appellate 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 $110 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 fee of $110 will be charged when 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 com

plete the application.)$110. Request. For special statistical tabulations

a charge will be made to cover the cost of

the work involved-Cost Request. For set of monthly, semiannual,

or annual tables entitled “Passenger Trav

el Reports via Sea and Air" 1$7.00 Request. For classification of a citizen of

Canada to be engaged in business activities at a professional level pursuant to section 214(e) of the Act (Chapter 16 of the North

American Free Trade Agreement)$50.00 Request. For requesting authorization for

parole of an alien into the United States$65.00.

(2) Fees for production or disclosure of records under 5 U.S.C. 552 shall be charged in accordance with the regulations of the Department of Justice, 28 CFR 16.10.

(c) Waiver of fees. (1) Except as otherwise provided in this paragraph and in $3.3(b) of this chapter, any of the fees prescribed in paragraph (b) of this section relating to applications, petitions, appeals, motions, or requests may be waived by the Immigration Judge in any case under his/her jurisdiction in which the alien or other party affected is able to substantiate that he or she is unable to pay the prescribed fee. The person seeking a fee waiver must file his or her affidavit, or unsworn declaration made pursuant to 28 U.S.C. 1746, asking for permission to prosecute

1 Available from Immigration & Naturalization Service for years 1975 and before. Later editions are available from the United States Department of Transportation, contact: United States Department of Transportation, Transportation Systems Center, Kendall Sqaure, Cambridge, MA 02142.

without payment of fee of the applicant, petition, appeal, motion, or request, and stating his or her belief that he or she is entitled to or deserving of the benefit requested and the reasons for his or her inability to pay. The officer of the Service having jurisdiction to render a decision on the application, petition, appeal, motion, or request may, in his discretion, grant the waiver of fee. Fees for “Passenger Travel Reports via Sea and Air" and for special statistical tabulations may not be waived. The payment of the additional sum prescribed by section 245(i) of the Act when applying for adjustment of status under section 245 of the Act may not be waived. The payment of the additional $500 fee prescribed by section 214(c)(9) of the Act when applying for petition for nonimmigrant worker under section 101(a)(15)(H)(i)(b) of the Act may not be waived.

(2) Fees under the Freedom of Information Act, amended, may be waived or reduced where the Service determines such action would be in the public interest because furnishing the information can be considered as primarily benefiting the general public.

(3) When the prescribed fee is for services to be performed by the clerk of court under section 344(a) of the Act, the affidavit for waiver of the fee shall be filed with the district director or officer in charge of the Service having administrative jurisdiction over the place in which the court is located at least 7 days prior to the date the fee is required to be paid. If the waiver is granted, there shall be delivered to the clerk of court by a Service representative on or before the date the fee is required to be paid, a notice prepared on Service letterhead and signed by the officer granting the waiver, that the fee has been waived pursuant to this paragraph.

(4) Fees for applications for Temporary Protected Status may be waived pursuant to 8 CFR 240.20.

(d) Authority to certify records. Whenever authorized under 5 U.S.C. 552 or any other law to furnish information from records to persons entitled thereto, the following officials, or their designees authorized in writing as specified below, have authority to make certification, as follows:

(1) The Associate Commissioner, Information Systems, the Assistant Commissioner, Records Systems Division, the Director, Records Management Branch, or their designee, authorized in writing to make certification in their absence copies of files, documents, and records in the custody of the Central Office.

(2) A regional commissioner, or district director, or the designee of either, authorized in writing to make certification in his absence-copies of files, documents, and records in the custody of his office.

(3) The Immigration and Naturalization Service Program Coordinator, El Paso Intelligence Center, or the designee, authorized in writing to make certification in event of the Program Coordinator's absence-copies of files, documents, and records of the Immigration and Naturalization Service in the custody of that office.

(4) The Assistant Commissioner, Records Systems Division, the Director, Records Management Branch, or the Chief, Records Operations Section, Central Office, or their designee, authorized in writing to make certification in their absence—the non-existence of an official Service records.

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(38 FR 35296, Dec. 27, 1973]

EDITORIAL NOTE: For FEDERAL REGISTER CItations affecting $ 103.7, see the List of CFR Sections Affected in the Finding Aids section of this volume.

EFFECTIVE DATE NOTE: At 64 FR 69888, Dec. 15, 1999, § 103.7 was amended in paragraph (b)(1) by revising the entries for Forms l_360, N-300, N-336, and N-470, effective Jan. 14, 2000. For the convenience of the user, the superseded text is set forth as follows:

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8 103.8 Definitions pertaining to avail.

ability of information under the

Freedom of Information Act. Sections 103.8, 103.9, and 103.10 of this part comprise the Service regulations under the Freedom of Information Act, 5 U.S.C. 552. These regulations supplement those of the Department of Justice, 28 CFR part 16, subpart A. As used in this part the following definitions shall apply:

(a) The term access means providing a copy of the record requested or affording the opportunity for an in-person review of the original record or a copy thereof. The determination to permit an in-person review is discretionary and will only be made when specifically requested. Whenever providing in-person access will unreasonably disrupt the normal operations of an office, the requester may be sent a copy of the requested records that are nonexempt in lieu of the in-person review.

(b) The term decision means a final written determination in a proceeding under the Act accompanied by a statement of reasons. Orders made by check marks, stamps, or brief endorsements which are not supported by a reasoned explanation, those incorporating preprinted language on Service forms are not decisions.

(c) The term records includes records of proceedings, documents, reports, and other papers maintained by the Service.

(d) The term record of proceeding is the official history of any hearing, examination, or proceeding before the Service, and in addition to the application, petition or other initiating document, includes the transcript of hearing or interview, exhibits, and any other evidence relied upon in the adjudication; papers filed in connection

with the proceedings, including motions and briefs; the Service officer's determination; notice of appeal or certification; the Board or other appellate determination; motions to reconsider or reopen; and documents submitted in support of appeals, certifications, or motions, (32 FR 9623, July 4, 1967, as amended at 40 FR 7236, Feb. 19, 1975; 52 FR 2942, Jan. 29, 1987; 58 FR 31148, June 1, 1993) 8 103.9 Availability of decisions and in

terpretive material under the Free.

dom of Information Act. (a) Precedent decisions. There may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, bound volumes of designated precedent decisions entitled “Administrative Decisions Under Immigration and Nationality Laws of the United States," each containing a cumulative index. Prior to publication in volume from current precedent decisions, known as interim decisions, are obtainable from the Superintendent of Documents on a single copy or yearly subscription basis. Bound volumes and current precedent decisions may be read at principal Service offices.

(b) Unpublished decisions. Each district director in the United States will maintain copies of unpublished Service and Board decisions relating to proceedings in which the initial decision was made in his district. Each regional commissioner will maintain copies of unpublished decisions made by him. The Central Office will maintain copies

a national basis of unpublished Service decisions.

(c) Deletion of identifying details. To the extent that information in decisions is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552), the deciding officer shall provide for deletion of identifying details, as appropriate, from copies of decisions made available to the public.

(d) Statements of policy, interpretations, manuals, instructions to staff. Statements of policy, interpretations, and those manuals and instructions to staff (or portions thereof), affecting the public, will be made available at district offices in the United States and at the Central Office with an accompanying

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