USCIS Fee Waiver Request:

Introduction

The U.S. Citizenship & Immigration Services (USCIS) is one of the few “self-funded” U.S. federal agencies.  Almost all services and forms processed by USCIS involves their collection of required filing fees as well as other administrative fees. 

In certain cases, USCIS has the discretion to waive certain filing fees for an application, petition, motion or request if the applicant can establish that he or she is unable to pay the prescribed fee. VisaPro offers you a brief overview of the Fee Waiver process

Applicants may request a fee waiver based on inability to pay while seeking various benefits or services through USCIS. It’s important to note, however, that not all forms are eligible for a fee waiver.  The general rule of thumb is that if the form would normally require you to have a certain minimum income, then it would not be eligible for a fee waiver.

Some of the eligible applications and petitions include:

• Form I-90, Application to Replace Permanent Resident Card;
• Form I-751, Petition to Remove Conditions on Residence;
• Form I-765, Application for Employment Authorization;
• Form I-821, Application for Temporary Protected Status (TPS);
• Form N-400, Application for Naturalization or Form N-600, Application for Certification of Citizenship
• Biometric services fees in connection with any application or petition; etc.

For some forms, like the Form I-131, Application for Travel Document, Form I-485, Application to Register Permanent Residence or Adjust Status or Form I-601, Application for Waiver of Grounds of Inadmissibility, the fee waiver is conditional and is only available for a certain class or group of applicants.

How Does One Apply For A Fee Waiver?

There are two methods to submit a request for fee waiver- a written requestletter submitted with the application, petition or motion, or submission of Form I-912, Request for Fee Waiver. When requesting a fee waiver, the applicant must clearly demonstrate that he or she is unable to pay the fee.

Form I-912 was released in 2010.  While USCIS continues to accept and consider a written fee waiver request letter in order to comply with immigration regulations, the Form I-912 was developed to streamline the process. As this is a form to request a waiver of a USCIS fee, there is, of course, no filing fee for Form I-912.

DID YOU KNOW?
The Fee Waiver is generally not available for any employment-based applications (Form I-129, Form I-140, etc.) or for the Form I-130, Petition for Alien Relative

How Are Fee Waiver Requests Adjudicated?

An applicant can be eligible for a fee waiver in several ways and USCIS’ process for reviewing the fee waiver request involves several steps. Below is a brief overview of those steps. It is important to remember that USCIS adjudicates and reviews all fee waiver requests, whether through the submission of Form I-912 or an applicant-generated written request letter, in exactly the same way.

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Step 1: Is the applicant receiving a federal means-tested benefit?

Applicants who are receiving a federal “means-tested benefit” when they file a fee waiver request may be de facto considered eligible for a fee waiver. A “means-tested benefit” is usually a government-funded public benefit (federal or state) that the applicant receives based on his or her income and/or resources. Examples include:

• SNAP benefits (formerly “food stamps”);
• Medicaid;
• Supplemental Social Security Income
• Temporary Assistance to Needy Family, etc.

Examples of what’s not considered a federal means-tested benefits program include Medicare, SSDI, unemployment benefits, and student financial aid/loans/grants.

If an applicant is receiving any means-tested benefit, and if he or she is able to provide sufficient evidence of the same, then the fee waiver request will normally be approved and no further information will be required. Furthermore, the spouse or unmarried children under 21 living in the same household as an applicant receiving a means-tested benefit will qualify for a fee waiver.

Evidence that the applicant is receiving a means-tested benefit can include:

• a recently dated letter from the agency issuing the benefit verifying that the applicant is receiving the same;
• monthly statements;
• or any other official documents that bear the name of the issuing agency and the name of the applicant being shown as the recipient of the benefit.

If the applicant is not receiving a means-tested benefit or does not want to submit information regarding his or her receipt of a means-tested benefit to USCIS, the adjudicator moves on Step 2.

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Step 2: Is the applicant’s household income at or below 150% of the Federal Poverty Guidelines at the time of filing?

Applicants whose household income is at or below 150% of the Federal Poverty Guidelines will qualify for a fee waiver. It is important to note that household income includes all sources of income for each person in the household, including financial assistance outside of employment.

1.The first step is to determine household size. The following members of the “household” should be identified and included:

Note: If applicant’s parents live with the applicant, they can also be included as members of the household when determining the size of the household.

2.The next step is to document and determine the household income. Income from all members of the household must be included in the calculations. Evidence of the household income may include:

Note: A person living with the applicant but not claimed as a member of the household for tax purposes can be excluded when calculating household income. Similarly, if the applicant lives with someone else and is not claimed as a member of their household for tax purposes, that person’s income can be excluded when calculating household income.

If the applicant is unable to show that his or her annual income is at or below 150% of the Federal Poverty Guidelines, then the adjudicator moves on to Step 3

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My Case Scenario
Nadifa

Q: Nadifa is a U.S. Lawful Permanent Resident and a national of Somalia. Her sister, Amina, was visiting her from Somalia when armed conflict erupted in Somalia preventing her from returning to her country. Amina now qualifies for Temporary Protected Status and wants to apply. She has not been working in the U.S. because she does not have work authorization, and Nadifa’s job barely gives her enough to cover the monthly expenses for her family. Can Amina get a waiver of the filing fees for TPS?

A: Probably! Amina needs to complete the Application for Temporary Protected Status and Application for Employment Authorization, and file them with Form I-912. She will need to evidence her current financial status and demonstrate her inability to pay to justify the need for the waiver.

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If the applicant is unable to show that his or her annual income is at or below 150% of the Federal Poverty Guidelines, then the adjudicator moves on to Step 3.

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Step 3: Does the applicant have some financial hardship situation that he or she would want USCIS to consider when determining eligibility for a fee waiver?

An applicant can be eligible for a fee waiver if the applicant has a financial hardship that impacts his or her ability to pay and believes that this financial hardship warrants a fee waiver regardless of the fact that his or her income may be above 150% of the Federal Poverty Guidelines.

In such cases, the applicant needs to provide USCIS with:

• description of his or her financial hardship;
• evidence of household income;
• information and evidence concerning assets (savings/checking, IRAs, real estate, property, stocks, bonds, annuities, etc.) of the applicant, including type and value;
• information and evidence concerning liabilities and expenses of the applicant, including but not limited to, rent, mortgage, child support, child care or elder care expenses, medical bills, commuting costs, tuition costs, monthly payments on lawful debts, etc.

Note: Where the applicant cannot provide evidence of his or her income, he or she will need to provide USCIS with a description of his or her hardship and why he or she cannot provide any evidence in support of his or her income.

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Conclusion

It is important to remember that the fee waiver determination is made separately from the adjudication of the applicant’s eligibility for the USCIS benefit. Applicants must, however, keep in mind that the grant of the fee waiver is discretionary. An applicant does not “automatically” qualify for a fee waiver based on any one particular situation or factor. Each request is unique and is considered individual, on its own merits. A fee waiver request may be granted when it has been established to the satisfaction of the USCIS Officer with jurisdiction over the request that the individual is unable to pay the fee.

Unfortunately, there is no appeal of the denial of a fee waiver request. If a fee waiver request is denied, the entire application package will be returned to the applicant, who must then re-file the application or petition with the appropriate fee.

If you have questions about how to file a USCIS Fee Waiver Request or apply for a visa fee waiver, consult a VisaPro immigration attorney. We will be happy to answer your questions.

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