Comment referring to "The agency should either lower the fee increase to a reasonable level or create a separate process for a motion to reconsider to precede a filing" submitted by Tonkon Torp LLP Attorneys

The extreme increase in fees is unjustified in some cases. While some appeals are forwarded to the Administrative Appeals Office for adjudication, many are considered by the agency as a motion to reconsider, reviewed by a supervisor, and reconsidered with little expenditure of time. When faced with a denial that is based on questionable legal grounds, immigration counsel are often faced with filing an appeal in which they can request reconsideration as well as appeal. For those cases that are resolved quickly by the agency, in many cases based on the agency's own error, it is unfair to asses a filing fee as high as is proposed. It simply does not relate to the service rendered. How can an "appeal" that never reaches the AAO be considered in this fee increase? The agency should either lower the fee increase to a reasonable level or create a separate process for a motion to reconsider to precede a filing with the AAO. A proposal for such a system would be 1) File Motion to Reconsider within 30 days, fee $110; and 2) upon denial of Motion to Reconsider (or directly upon denial by the agency) file an appeal within 30 days, fee $385. An individual could choose to first file a Motion to Reconsider, then an appeal, or pursue an appeal directly. Tonkon Torp LLP Attorneys, Portland, Oregon