Fee Waiver Requests for Immigration Forms

By ShawnKHu | Mar 11, 2011 | 0 Comments | Rating: 0

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A Step-by-Step Review of Fee Waiver Requests

The USCIS office has discretion over granting fee waivers for certain types of immigration applications. Not everyone can afford an immigration attorney but the filing fees and other costs should not be a hinderance to reaching a successful immigration conclusion.

This guide will highlight how a typical USCIS officer reviews a fee waiver request and which factors weigh heaviest in a favorable outcome. Fee waiver requests only apply to certain immigration forms and any applicant should check if the fee waiver request covers the form being submitted.

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

USCIS officers should factor whether or not the applicant receives any type of means-tested benefit. Means-tested benefits are those where the person's eligibility for the benefit is determined by that person's income and other financial resources. Examples of means-tested benefits are Medicare, Social Security and Supplmental Nutrition Assistance Program (SNAP).

Fee Waiver applicants should include proof of their means-tested benefits, such as copies of any official approval letter showing the name of the applicant and the name of the means-tested benefit. Applications for fee waivers are typically approved if the applicant participates in a means-tested benefit without further documentation.

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

Another factor USCIS officers use in determining approval of a fee waiver request is whether the individual can demonstrate that his or her household is at or below 150 percent of the Federal Poverty Guidelines. 

There a couple things to remember about this factor. First, the household income includes the income of the entire household. The household includes the applicant, his or her spouse, unmarried children under 21 living with the applicant, unmarried children over 21 but under 24 who is studying full-time and living with the applicant when not at school, and finally, unmarried children or any legal ward of which the applicant is the legal guardian.

Secondly, the applicant must submit documentation attesting to the household income. This normally includes W-2 forms, income tax returns, pay stubs or statements from the employer of the wages paid on employer's stationary. Other documentation can include child support, Social Security, veteran's benefits and pensions.

If the applicant can demonstrate his or her household income is at or below the 150 percent Federal guideline, the fee waiver request is usually approved without further requests for documentation.

Step 3: Is the applicant under financial hardship, due to extraordinary expenses or circumstances, that renders the individual unable to pay the filing fee?

The above two steps dealt with official forms and numbers, however this last step allows for applicants who face financial hardship without official forms to still be eligible for a fee waiver.

Individuals under this category include those faced with an unexpected  medical bill or catastrophic illness of the applicant or any of their dependents. 

Documentation of the basis for this ground of eligibility should be submitted along with the fee waiver request.

Fee waiver applications are available for those who cannot afford an immigration attorney. Please research which applications are applicable for fee waiver requests.

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