How does the fee waiver work?

U.S. Citizenship and Immigration Services (USCIS) is funded largely by application and petition fees.  Recognizing that some applicants cannot pay the filing fees, USCIS established a fee waiver process for certain forms and benefit types. Demonstrated inability to pay is the only reason USCIS will approve a fee waiver. Waiving a fee for one applicant transfers the cost of processing their application to other applicants through higher fees.  Therefore, USCIS carefully considers the merits of each fee waiver request before making a decision.

 

How do I find out if I am eligible for the fee waiver?

To be eligible for a fee waiver, one of the following must be met:

• You or qualified members of your household are receiving a means- tested benefit. A means-tested benefit is one for which the individuals’ income/resources determine eligibility and/or the benefit amount. Means-tested benefits may be federally or state funded.  Examples of means-tested benefit programs include: 
  • Medicaid
  • Supplemental Nutrition Assistance Program (SNAP benefits or Food Stamps)
  • Temporary Assistance to Needy Families (TANF)
  • Supplemental Security Income (SSI)
  • State Child Health Insurance Program (SCHIP)

If you are receiving a benefit not mentioned here, you should consult with the benefit-granting agency to establish whether the benefit meets the definition of “means-tested benefit” stated above.

• Your household is at or below the 150% poverty level at the time you file.  Check the 2012 poverty levels at this link:  Form I-912P, HHS Poverty Guidelines for Fee Waiver Requests.
• You are experiencing a financial hardship that prevents you from paying the filing fee, including unexpected medical bills or emergencies. Examples include:
  • Unexpected and uninsured (or underinsured) medical bills;
  • Emergency situations that could not ordinarily be predicted; 
  • Medical emergency or debilitating illness affecting the applicant or applicant’s dependents. 

 

How do I request a fee waiver?

 

• Read the instructions for Form I-912, Request for Fee Waiver, to see if a fee waiver is available for the form you are filing.
• Use Form I-912, Request for Fee Waiver if possible.  USCIS will also accept a written request. 
• File your fee waiver request with the form for which you are requesting the fee waiver.  Do not send a fee waiver request by itself.

Note: You cannot use the USCIS e-Filing system to file a form for which you are requesting a fee waiver.  Please file a paper application.

 

How do I file my fee waiver form?

To file your completed Form I-912, attach it and all supporting documentation to the immigration benefit that you are submitting. Please do not submit your Form I-912 without a completed application or petition.

Mail your complete application or petition, Form I-912, and supporting documentation to the USCIS office according to the “Where to File” directions identified in the form instructions to which the Form I-912 relates.

 

Can I apply for a fee waiver for deferred action?

You may not file Form I-912 if you are requesting consideration of deferred action for childhood arrivals. There are no fee waivers for this process. Fee exemptions will be available in limited circumstances. See the Deferred Action for Childhood Arrivals Fee exemption web page for more details. 

 

Where can I get more information?

• Call 888-839-8682 for more assistance
• Form I-912, Request for Fee Waiver
• Form I-912P, HHS Poverty Guidelines for Fee Waiver Requests.
• USCIS Fee Waiver Policy

Sources:

U.S. Citizenship & Immigration Services (USCIS) website

Immigrant Legal Resource Center, Naturalization Fee Waiver Packet, 2011