Did you know that for some immigration forms you may be able to get the filing fees waived? It’s possible. Immigrating to the US can be expensive, and it’s only getting more expensive, so any amount of money you can save will help. My general advice is this: if you’re eligible for a waiver, try to get USCIS filing fees waived, using Form I-912. As an immigration attorney here in Boston, I can help you apply for fee waivers if you are eligible, and if we’re already working together on your immigration goals.
You can contact me, Giselle M. Rodriguez, today to discuss your case, or read on to find out more about filing fee waivers.
Who is eligible to get immigration form filing fees waived?
In general, immigrants who are already receiving means-tested benefits from the US federal government are eligible for fee waivers. “Means-tested benefits” include programs like welfare and food stamps. If you are receiving means-tested benefits, you are most likely to be approved for filing-fee waivers, simply because the government has already determined that you do not have much money at the moment.
You may also be eligible if your income is close to the poverty level, or if you face similar hardship, though those are case-by-case situations that are harder to document and prove. In these cases you are somewhat less likely to be approved for filing fee waivers.
When can you get your immigration form filing fees waived?
The most common situation (by far) I see is when a client wants to become a naturalized citizen. In those cases, the client is already in the US, may have been here for years, probably has been working, and may even have a family. By the time someone seeks naturalization, there is a good chance he or she has received some sort of means-tested benefits.
But there are other situations when you may be eligible for filing fee waivers. Those include applying for an adjustment of status, applying for citizenship, petitions for families, and more.
As listed on the USCIS page about filing fee waivers, here is a list of the forms for which you may be able to file a I-912 and get the fees waived:
- Form I-90, Application to Replace Permanent Resident Card
- Form I-129, Petition for a Nonimmigrant Worker
- Form I-129CW, Petition for CNMI-Only Nonimmigrant Transitional Worker
- Form I-131, Application for Travel Document
- Form I-191, Application for Relief
- Form I-192, Application for Advance Permission to Enter as Nonimmigrant
- Form I-193, Application for Waiver for Passport and/or Visa
- Form I-290B, Notice of Appeal or Motion
- Form I-485, Application to Register Permanent Residence or Adjust Status
- Form I-539, Application to Extend/Change Nonimmigrant Status
- Form I-601, Application for Waiver of Grounds of Inadmissibility
- Form I-694, Notice of Appeal of Decision
- Form I-751, Petition to Remove Conditions on Residence
- Form I-765, Application for Employment Authorization
- Form I-817, Application for Family Unity Benefits
- Form I-821, Application for Temporary Protected Status
- Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal
- Form N-300, Application to File Declaration of Intention
- Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings
- Form N-400, Application for Naturalization
- Form N-470, Application to Preserve Residence for Naturalization Purposes
- Form N-565, Application for Replacement of Naturalization/Citizenship Document
- Form N-600, Application for Certification of Citizenship
- Form N-600K, Application for Citizenship and Issuance of Certificate under Section 322
According to the USCIS, you may also apply for a fee waiver for any application or petition that is related to your status as a:
- Battered spouse of an A, G, E-3, or H nonimmigrant (Form I-290B);
- Battered spouse or child of a lawful permanent resident or U.S. citizen under INA 240A(b)(2);
- T nonimmigrant);
- Temporary Protected Status recipient (such as Forms I-131, I-821, and I-601);
- U nonimmigrant; or
- VAWA self-petitioner
If you need to fill out any of the forms listed above, or if any of the other situations (listed above) describes your situation, you may be able to get the filing fees waived.
When should you NOT try to get the filing fees waived?
There are a few situations in which you’re not eligible for fee waivers, or the amount you’d save isn’t enough to justify the extra paperwork. Here are the main situations when you should not bother trying to get a fee waiver:
- If your form is not listed on the list of eligible forms
- If you haven’t documented or can’t prove that you’re receiving means-tested benefits or have a low-enough income
- If you’re in a hurry already and don’t think you can afford to re-apply and wait. If your waiver request is denied, you’ll need to resubmit your application (e.g. for naturalization or an adjustment of status), pay the fee, and wait even longer. Consider whether the potential savings are worth delaying your application for days or weeks.
- DACA cases, in which very few exemptions are granted
Can you get filing fees waived for multiple immigration forms?
In general, yes, if you are filing multiple forms that are eligible for waivers. Depending on your case, the savings may be significant. Here are some examples of filing fees that can be waived:
- Form I-485 (Depending on your category): $1,000 or more
- Form N-400: $700 or more
- Form I-765: $200 or more
Here is a list of the filing fees.
Should eligible immigrants try to get the filing fees waived?
Yes, whenever possible and practical to do. Don’t try if you aren’t eligible, or can’t prove you’re eligible, or can’t risk the possibility of a rejection and a delay. But if you are eligible and feel the savings are significant enough, have your attorney file a Form I-912. In my experience, it doesn’t take much extra time to file one, and when I’ve told my clients that they are eligible for the waivers, we have a very high rate of approval.
You can contact me, Boston immigration attorney Giselle M. Rodriguez, to discuss your case and to handle it in the most affordable way possible.