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Fee Waivers

USCIS FEE WAIVERS

Three Basis for Fee Waiver

USCIS evaluates whether the requestor is unable to pay the filing fee based on the following criteria:

  1. The requestor or qualifying member of the requestor’s household is receiving a means-tested benefit;
  2. The requestor’s household income level is at or below 150 percent of the Federal Poverty Guidelines (FPG ); or
  3. The requestor is experiencing extreme financial hardship due to extraordinary expenses or other circumstances that render the individual unable to pay the fee.

An officer must evaluate whether the requestor establishes an inability to pay under any of these three criteria.

LAW & STANDARD

See 8 CFR 106.3 .

See Section D, Basis for Inability to Pay [1 USCIS-PM B.4(D) ]. See  Matter of Chawathe (PDF) , 25 I &N Dec. 369 (AAO 2010) (identifying preponderance of the evidence as the standard for immigration benefits generally, and in that case specifically naturalization).

*See  Matter of Chawathe (PDF)* , 25 I &N Dec. 369, 376 (AAO 2010) (preponderance of the evidence means more likely than not). See U.S. v. Cardozo-Fonseca , 480 U.S. 421 (1987) (defining “more likely than not” as a greater than 50 percent probability of something occurring).

What Fees Are Eligible for a Fee Waiver?

The following table provides a list of forms for which USCIS may waive the fees based on a requestor’s inability to pay.


Application to Replace Permanent Resident Card (Form I-90)


Application for Relief Under Former Section 212(c) of the Immigration and Nationality Act (INA) (Form I-191)


Petition to Remove Conditions on Residence (Form I-751)


Application for Family Unity Benefits (Form I-817)


Application for Temporary Protected Status (Form I-821)


Application for Suspension of Deportation or Special Rule Cancellation of Removal (Form I-881)


Application to File Declaration of Intention (Form N-300)


Request for a Hearing on a Decision in Naturalization Proceedings (Form N-336)


Application for Naturalization (Form N-400)


Application to Preserve Residence for Naturalization Purposes (Form N-470)


Application for Replacement of Naturalization/Citizenship Document (Form N-565)


Application for Certificate of Citizenship (Form N-600)


Application for Citizenship and Issuance of Certificate under Section 322 (Form N-600K)


Conditional Fee Waivers

Certain fee waivers depend on specific conditions. The following table provides a list of forms for which USCIS may waive fees based on the requestor’s inability to pay and if they meet the specified conditions.


Petition for a CNMI-Only Nonimmigrant Transitional Worker (Form I–129CW) petitioning for an E–2 CNMI investor


Application to Extend/Change Nonimmigrant Status (Form I–539), only in the case of a noncitizen applying for CW–2 nonimmigrant status


Application for Travel Document (Form I-131) for those applying for humanitarian parole


Application for Advance Permission to Enter as Nonimmigrant (Form I-192) for an applicant who is exempt from the public charge grounds of inadmissibility


Application for Waiver of Passport and/or Visa (Form I-193) for an applicant who is exempt from the public charge grounds of inadmissibility


Notice of Appeal or Motion (Form I-290B) if the underlying benefit request was fee exempt, the fee was waived, or it was eligible for a fee waiver


Application to Register Permanent Residence or Adjust Status (Form I-485) for an applicant who is exempt from the public charge grounds of inadmissibility


Petition for a CNMI-Only Nonimmigrant Transitional Worker, or an Application to Extend/Change Nonimmigrant Status (Form I-539) for an applicant applying for CW-2 nonimmigrant status


Application for Waiver of Grounds of Inadmissibility (Form I-601) for an applicant who is exempt from the public charge grounds of inadmissibility


Notice of Appeal of Decision Under Sections 210 or 245A of the Immigration and Nationality Act (

Form I-694) if the underlying application or petition was fee exempt, the filing fee was waived, or was eligible for a fee waiver


Application for Employment Authorization (Form I-765), except persons filing under category (c)(33), Deferred Action for Childhood Arrivals (DACA)


For the following forms if the applicant is exempt from public charge ground of inadmissibility under INA 212(a)(4):


Humanitarian Fee Waivers

USCIS provides fee exemptions for many forms filed by certain humanitarian categories of requestors. If not otherwise exempt from paying the fee, an individual may request a fee waiver for any application or petition that is related to any of the following humanitarian categories:

Fee Exemption vs. Fee Waiver

A fee exemption means that we do not require a fee for a form or do not require a certain category of requestors to pay the prescribed fee for a form. You can find all current fee exemptions on our Fee Schedule page. If a fee exemption applies to you and the form you are submitting, you do not need to request a fee waiver or pay the filing fee.

A fee waiver means that we require a fee for a form but waive this requirement for an individual requestor because of their inability to pay the fee. If you request a fee waiver and show us that you are eligible, then you will not need to pay the filing fee for the associated form. However, if you request a fee waiver and we find that you are not eligible, then we may reject your fee waiver request and underlying application or petition.

Eligibility for a Fee Waiver

You can request a fee waiver if:

See the USCIS Fee Waiver Policy.

Requesting a Fee Waiver

Complete the most current version of Form I-912, Request for Fee Waiver, or write a letter asking for a fee waiver and provide all the necessary information and supporting evidence to establish your eligibility under one of the three criteria listed above.

Please follow all instructions, complete all necessary sections of the forms, and submit proper documentation to avoid common rejection reasons.

Receipt of means-tested benefit

A means-tested benefit is a public benefit for which the agency granting the benefit considers your income and resources.

Some public benefits that, for fee waiver purposes, we consider means-tested benefits include:

For a more extensive list of eligible benefits, see USCIS Policy Manual Vol 1, Part B, Chapter 4, Fee Waivers and Fee Exemptions

If you are receiving a means-tested benefit that is not well known outside of your area, please provide as much information as you can about the benefit. This may include a brochure, contact information, or the website address of the agency granting the benefit.

Some benefits that, for fee waiver purposes, we do not consider means-tested benefits include:

Using a family member’s means-tested benefits to qualify

Documentation showing you are receiving a means-tested benefit

You must provide evidence that you (or your qualifying family member) are currently receiving a means-tested benefit. This evidence should be in the form of a letter, notice, or other official document that contains the required information, including:

What if I am currently receiving a means-tested benefit, but my documentation does not show an expiration date?

Does my benefit card count as evidence that I am receiving a means-tested benefit?

Household income is at or below 150% of the Federal Poverty Guidelines

See how to calculate household size

Overseas Spouse

Lack of Stable Address

Determining who counts toward your household size and income

My relative or roommate lives with me, Does their income count toward my household income?
I receive child support, but not the full amount as listed in the court order. Do I include the full amount of the child support as additional income or financial support or only what I actually receive?
How does my marital separation affect my eligibility for a fee waiver?

Extreme Financial Hardship

Some examples of extreme financial hardship include:

How to show that you are experiencing extreme financial hardship

What if I do not have access to documentation that shows my extreme financial hardship?

How requesting a fee waiver affects your current immigration status

You can find detailed guidance on these issues in Volume 8, Part G of the USCIS Policy Manual.  Additional information is also available on our Public Charge Resources page.

COMMON REASONS WHY USCIS WILL REJECT A FEE WAIVER REQUEST

Financial Assistance Considered Income In Fee Waiver Request

To establish the total income, a request must include any additional financial assistance (not otherwise included in a tax return or W-2) including any Social Security income (as reflected on the SSA-1099) to the adjusted gross income in the tax return.

The table below includes some types of additional financial assistance that USCIS considers household income for a fee waiver request. The requestor must provide documentation of each type of additional financial assistance that applies.

Additional Financial Assistance

DOCUMENTING FINANCIAL HARDSHIP

AssetsLiabilities

Real estate

Medical expenses

Cash

Child care and elder care

Checking and savings accounts and

Monthly utility bills

Stocks, bonds, and annuities (except for pension plans, Individual Retirement Accounts (IRAs), and other retirement funds)

Rent or

Mortgage


Taxes


Property maintenance


Monthly payments of lawful debts


Tuition costs


Commuting costs


In general, if a requestor provides proof of inability to pay the fee based on financial hardship, the request for fee waiver may be approved on this basis and no further information is required.

Provide documentary evidence of any claimed expense mentioned in your request. Show how your documented income is spent on your documented expenses and leaves no remaining money that could be used to pay the filing fee.

WHAT IF THE REQUESTOR HAS NO INCOME?

If the requestor has no income due to unemployment, homelessness, or other factors, the requestor may provide, as applicable:

An officer may grant a request for fee waiver in the absence of some of this documentation, as long as the available documentation supports that the requestor is more likely than not unable to pay the fee.

VAWA, T, and U-Based Requestors

USCIS considers whether a requestor is unable to obtain proof of income due to alleged victimization such as trafficking or abuse. If not otherwise eligible for a fee exemption, the requestor should describe the situation in the Form I-912 or written request to substantiate the inability to pay as well as the inability to obtain the required documentation.

The requestor should provide any available documentation, such as affidavits from religious institutions, non-profits, or other community-based organizations verifying that the requestor is currently receiving some benefit or support from that entity and attesting to the financial situation.

VAWA, T, and U-Based Requestors

Requestors seeking a fee waiver for any immigration benefit associated with or based on a pending or approved petition or application for VAWA benefits [28] or T or U nonimmigrant status that are not otherwise fee exempted do not need to list as household members or provide income information for the following people:

In addition, such requestors do not need to list their spouse as a household member or include their spouse’s income in the fee waiver request.

If a VAWA self-petitioner or recipient [29] (or their derivative(s)) or applicant, petitioner, or recipient of T or U nonimmigrant status does not have any income or cannot provide proof of income, the requestor may:

Special Immigrant Juveniles

A petitioner or recipient of Special Immigrant Juvenile (SIJ) classification who files a fee waiver request for a filing not otherwise fee exempted does not need to provide proof of income. USCIS considers requestors in this category as part of their own household, without including any foster or group home household members.

Instead of proof of income, the fee waiver request must include documentation showing that the requestor has an approved petition for SIJ classification (for example, a copy of Notice of Action (Form I-797) for Form I-360).

Emergent Circumstance

Natural catastrophes and other extreme situations [link] beyond a person’s control may affect the ability to pay USCIS fees. Based on the USCIS Director’s authority to waive a required fee, [link] USCIS may designate certain time periods or events in which a person may file a fee waiver request when not otherwise eligible. [link]

In such cases, the requestor must still file a fee waiver request and establish eligibility under one of the criteria (generally, financial hardship). USCIS may accept the request based on the requestor’s statement even if there is no documentation of the emergencies and unforeseen circumstances.

Unless otherwise eligible, requestors may only seek a fee waiver under those emergent circumstances described in the Immigration Relief in Emergencies or Unforeseen Circumstances webpage.

FEE REQUEST LINKS

Forms

Handouts

HOUSEHOLD CALCULATION

HHS POVERTY GUIDELINES 2024




MORE INFO


Revision #5
Created 8 May 2025 14:41:02 by Joseph
Updated 8 May 2025 15:16:12 by Joseph