8 CFR §1003.24

1. (a)Generally. All fees for the filing of motions and applications in connection with proceedings before the Immigration Judges shall be paid in a manner and form authorized by EOIR.
2. (b)Motions—(1) When a fee is required. Except as provided in paragraph (b)(2) of this section, a filing fee prescribed in 8 CFR 1103.7, or a fee waiver request pursuant to paragraph (d) of this section, is required in connection with the filing of a motion to reopen or a motion to reconsider.
   1. (2)When a fee is not required. A filing fee is not required in the following instances:
      1. (i)A motion filed while proceedings are already pending before the Immigration Court;
      2. (ii)A motion requesting only a stay of removal, deportation, or exclusion;
      3. (iii)A motion to reopen a deportation or removal order entered in absentia if the motion is filed pursuant to section 242B(c)(3)(B) of the Act (8 U.S.C. 1252b(c)(3)(B)), as it existed prior to April 1, 1997, or section 240(b)(5)(C)(ii) of the Act (8 U.S.C. 1229a(b)(5)(C)(ii)), as amended;
      4. (iv)Any motion filed by the Department of Homeland Security;
      5. (v)A motion that is agreed upon by all parties and is jointly filed; or
      6. (vi)Any motion filed under a law, regulation, or directive that specifically does not require a filing fee.
3. (c)Applications for relief—(1) When filed during proceedings. When an application for relief is filed during the course of proceedings, the fee for that application must be paid in a manner and form authorized by EOIR. Fee amounts are listed in 8 CFR 1103.7. Applications for relief filed with the Immigration Court will not be accepted unless accompanied by proof of payment of any required fees.
   1. (2)When submitted with a motion to reopen. When a motion to reopen is based upon an application for relief, the fee for the motion shall be paid in a manner and form authorized by EOIR, and proof of such payment must accompany the motion. As described in 8 CFR 1240.11(f), payment of the fee for the application for relief shall not accompany the motion. If the motion is granted and proceedings are reopened, the fee for the application shall be paid in a manner and form authorized by EOIR within the time specified by the Immigration Judge.
4. (d)Fee waivers. The Immigration Judge has the discretion to waive a fee for a motion or application for relief upon a showing that the filing party is unable to pay the fee, except as provided in 8 CFR 1103.7(b)(4)(iii) and 1208.3(a). The request for a fee waiver must be accompanied by a properly executed affidavit or unsworn declaration made pursuant to 28 U.S.C. 1746 substantiating the filing party's inability to pay the fee. If the request for a fee waiver is denied, the application or motion will not be deemed properly filed, provided the Immigration Judge grants 15 days to re-file the rejected document with the filing fee or new fee waiver request and tolls any applicable filing deadline during the 15-day cure period.