News & Insights

Key Issue: Can someone who claims “zero income and zero expenses” but has private legal representation really qualify for a fee waiver?

The Board of Immigration Appeals (BIA) used this case to make some important clarifications about filing fees:

1. Hiring a lawyer suggests ability to pay fees
   • If a person is not detained and has private counsel, it is presumed they have the means to pay filing fees.
   • Paying an attorney for years but then claiming to have “no money at all” does not make sense without evidence.
2. Fee waiver forms with all “zeros” are presumptively invalid
   • When a non-detained adult files a form showing no income, no expenses, no debts, no bills, and no explanation of how they survive, the Board will assume the request is not valid.
   • To get a fee waiver, a person must provide supporting documents (like pay stubs, proof of unemployment, bank statements, or affidavits) that explain their financial situation.
3. Truthfulness on forms matters
   • Immigration forms are signed under penalty of perjury. Submitting inaccurate or misleading financial information can have negative consequences in the case.

Outcome of the Case

• The Board rejected Garcia Martinez’s motion to reconsider because it was not properly filed with the fee.
• His fee waiver request was denied as not credible.
• He was given 15 days to refile his motion—but this time with the proper filing fee or a new, properly documented fee waiver request.

Why This Case Matters for Immigrants

• Fee waivers are not automatic. They are the exception, not the rule.
• Private counsel vs. inability to pay: If you can pay for a lawyer, immigration courts expect you to also be able to pay filing fees unless you show proof of unusual financial hardship.
• Accuracy is critical: Claiming “zero income and zero expenses” without documentation undermines credibility and can harm a case.

Simple Takeaway:

If you’re fighting an immigration case and want a fee waiver, you must be truthful and provide documents showing why you truly cannot afford the fee. Just writing “I have no money” on the form—especially while paying a private attorney—will almost certainly result in your request being denied.