USCIS Fee Waiver Guidelines

Almost all USCIS forms require an application fee. However if you are unable to pay the fee, the USCIS has the discretion to waive the fee. But the waiver is not automatic. You must request the USCIS to waive the fee.  Some USCIS forms have specific fee exemptions or do not have a provision for fee waiver. If your USCIS form is exempt from fee waiver, you cannot request a fee waiver.

Application

If you want to request a fee waiver, you must submit a singed and dated affidavit or unsworn declaration under penalty of perjury. You must also submit evidence of your inability to pay. The request for fee waiver must be submitted along with the USCIS form to the USCIS office having jurisdiction over your place of residence.

Processing

Once the USCIS receives your request, it will process your request and consider all the evidence submitted by you. The USCIS will generally consider the following:

• Your living arrangements in the US
• Dependents – the age and number of people seeking derivative status based on your immigration status and living with you in your household
• Your household income – whether your household income for the most recent tax year is at or below the poverty level as determined by the Department of Health and Human Services.
• Financial assistance provided by adult children for meeting your monthly expenses
• Any extraordinary or unforeseen expenses such as hospitalization, medical expenses, etc
• Your other expenses including the expenses of your dependents
• Your age
• Disability if any – you must provide verification of your disability
• Any humanitarian or compassionate grounds

The USCIS will study consider your request on it’s own merits. There is no single factor which will influence the outcome of the decision of the USCIS on your request. Even if you have received a fee waiver from another federal agency, it does not guarantee a fee waiver from the USCIS. Your request and the submitted evidence must satisfactorily prove your inability to pay the fees.

Inability to pay

To determine if you are indeed unable to pay, the USCIS will consider if your circumstances entitled you receive a public benefit including food stamps, supplementary security income, etc in the 180 prior to your request for fee waiver.

Getting Legal Help

Consult with an experienced US immigration attorney to know more about USCIS fee waiver guidelines. The attorney can assist you submit a request for fee waiver in your case.