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Getting an Immigration Judge to Pause Removal Proceedings has gotten Tougher under Trump

When in Removal Proceedings, it is common for an attorney to request the judge to pause the action while an alternate form of relief is pursued with the USCIS.  Under the previous Administration, Immigration Judges were permitted to perform what is known as Administrative Closure – effectively taking a case off the docket to allow the USCIS to render a decision.  However, a judge’s ability to administratively close a case was greatly reduced after Matter of Castro-Tum.   In a nutshell, judges can no longer administratively close cases in the vast majority of instances.  The only exceptions involve cases covered by specific regulations or treaties.

So, what does this mean for the average person facing Removal Proceedings in U.S. Immigration Court?  One typical option is to ask for a continuance.  But an Immigration Judge’s ability to offer a continuance has also been reduced per the Matter of L-A-B-R- decision.

One could still file a motion to terminate proceedings, request a dismissal or await alternate relief (e.g. I-130 pursuant to marriage to a United States Citizen).  As with all matters related to immigration to the United States, we are always waiting for the other shoe to drop.

Citizenship Applications Spike in Advance of USCIS Fee Increases

As the fee increases get closer to taking effect, many immigrants are rushing to get their applications in before the deadline.

USCIS fees are going up across the board, so get your applications in now to avoid paying the added fees.

USCIS Filing Fees Going Up

As of December 23, 2016 USCIS filing fees will be increased.  Please see the chart below or visit the USCIS web site for more information.

Immigration Benefit Request New Fee ($) Old Fee ($)
G–1041 Genealogy Index Search Request 65 20
G–1041A Genealogy Records Request (Copy from Microfilm) 65 20
G–1041A Genealogy Records Request (Copy from Textual Record) 65 35
I–90 Application to Replace Permanent Resident Card 455 365
I–102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document 445 330
I–129/129CW Petition for a Nonimmigrant worker 460 325
I–129F Petition for Alien Fiancé(e) 535 340
I-130 Petition for Alien Relative 535 420
I-131/I-131A Application for Travel Document 575 360
I–140 Immigrant Petition for Alien Worker 700 580
I-191 Application for Relief Under Former Section 212(c) of the Immigration and Nationality Act (INA) 930 585
I-192 Application for Advance Permission to Enter as Nonimmigrant 585/9301 585
I-193 Application for Waiver of Passport and/or Visa 585 585
I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal 930 585
I–290B Notice of Appeal or Motion 675 630
I–360 Petition for Amerasian Widow(er) or Special Immigrant 435 405
I–485 Application to Register Permanent Residence or Adjust Status 1,140 985
I-485 Application to Register Permanent Residence or Adjust Status (certain applicants under the age of 14 years) 750 635
I–526 Immigrant Petition by Alien Entrepreneur 3,675 1,500
I–539 Application to Extend/Change Nonimmigrant Status 370 290
I–600/600A Petition to Classify Orphan as an Immediate Relative/Application for Advance Petition Processing of Orphan Petition 775 720
I-601 Application for Waiver of Ground of Excludability 930 585
I–601A Application for Provisional Unlawful Presence Waiver 630 585
I-612 Application for Waiver of the Foreign Residence Requirement (Under Section 212(e) of the INA, as Amended) 930 585
I–687 Application for Status as a Temporary Resident under Section 245A
of the Immigration and Nationality Act
1,130 1,130
I–690 Application for Waiver of Grounds of Inadmissibility 715 200
I–694 Notice of Appeal of Decision 890 755
I–698 Application to Adjust Status From Temporary to Permanent Resident
(Under Section 245A of the INA)
1,670 1,020
I–751 Petition to Remove Conditions on Residence 595 505
I–765 Application for Employment Authorization 410 380
I-800/800A Petition to Classify Convention Adoptee as an Immediate Relative/Application for Determination of Suitability to Adopt a Child from a Convention Country 775 720
I–800A Supp. 3 Request for Action on Approved Form I–800A 385 360
I–817 Application for Family Unity Benefits 600 435
I–824 Application for Action on an Approved Application or Petition 465 405
I–829 Petition by Entrepreneur to Remove Conditions 3,750 3,750
I–910 Application for Civil Surgeon Designation 785 615
I–924 Application for Regional Center Designation Under the Immigrant
Investor Program
17,795 6,230
I–924A Annual Certification of Regional Center 3,035 0
I–929 Petition for Qualifying Family Member of a U–1 Nonimmigrant 230 215
N–300 Application to File Declaration of Intention 270 250
N–336 Request for Hearing on a Decision in Naturalization Proceedings 700 650
N–400 Application for Naturalization2 640 595
N–470 Application to Preserve Residence for Naturalization Purposes 355 330
N–565 Application for Replacement Naturalization/Citizenship Document 555 345
N–600/N–600K Application for Certificate of Citizenship 1,170 600/5503
USCIS Immigrant Fee 220 165
Biometric Services Fee 85 85


  1. The fee for Form I-192 will remain $585 when filed with and processed by CBP. 
  2. Certain low-income naturalization applicants may pay a filing fee of $320 plus the $85 biometric services fee. For eligibility details and filing instructions, see Form I-942, Request for Reduced Fee and Form N-400, Application for Naturalization.
  3. The old fee for N-600/N-600K applications filed on behalf of a biological child was $600 and on behalf of an adopted child was $550.  There is no fee for a Form N-600 filed by a member or veteran of any branch of the U.S. Armed Forces filing on his or her behalf.   

USCIS is almost entirely funded by application and petition fees. The fee schedule was last adjusted in November 2010. For more information, see the final fee rule in the Federal Register, which contains a more detailed version of this chart. Also see our About Us page.

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