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Instructions Form I-912,
Request for Fee Waiver
Department of Homeland Security U.S. Citizenship and Immigration Services
OMB No. XXXX-XXX; Expires XX/XX/XXXX
Instructions
Read these instructions carefully to properly complete Form I-912. If you need more space to complete an answer, use a separate sheet of paper. Write your name and Alien Registration Number (A-Number), if any, at the top of each sheet of paper and indicate the section and number of the item to which the answer refers.
Form I-912 Instructions 09/24/
Introduction
DRAFT
Which applications and petitions will USCIS
consider for an individual fee waiver?
U.S. Citizenship and Immigration Services (USCIS) is funded largely by application and petition fees. Waiving a fee transfers the cost of processing applications and petitions to others through higher fees. However, we recognize that some individuals may not be able to pay the filing fee. If you want USCIS to consider waiving the fee for your application, or petition, follow the instructions below to complete Form I-912, Fee Waiver Request. When you request a fee waiver, you must clearly demonstrate that you are unable to pay the fee. USCIS officers will evaluate all factors, circumstances, and evidence supplied in support of a fee waiver request when making a final determination. Each case is unique and will be considered on its own merits.
You may use Form I-912 to request a fee waiver for any of the following benefit requests or services:
A. Form I-90, Application to Replace Permanent Resident Card;
C. Form I-192, Application for Advance Permission to Enter as Nonimmigrant (Under Section 212(d)(3)(A)(ii) of the Immigration and Nationality Act (INA)). The fee for Form I-192 can only be waived for an alien who is not subject to a determination of their likelihood of becoming a public charge under section 212(a)(4) of the INA;
D. Form I-290B, Notice of Appeal or Motion. The fee for Form I-290B can be waived only if the underlying application or petition was fee exempt, the fee was waived, or it was eligible for a fee waiver;
E. Form I-485, Application to Register Permanent Residence or Adjust Status. A fee waiver is only available if you are applying for lawful permanent resident status based on:
- "T" nonimmigrant status (victim of human trafficking) or "U" nonimmigrant status (victim of certain crimes who has assisted in prosecution);
- Asylum status in the United States;
- Approved status as a battered or abused spouse, child, or parent of a U.S. citizen or lawful permanent resident, or for a special immigrant juvenile;
- An adjustment provision that does not require you to prove that you are not likely to become a public charge, such as the Cuban Adjustment Act, the Haitian Refugee Immigration Fairness Act, or similar provision; and
G. Form I-751, Petition to Remove Conditions on Residence;
H. Form I-765, Application for Employment Authorization; I. Form I-817, Application for Family Unity Benefits;
J. Form I-821, Application for Temporary Protected Status;
K. Form I-601, Application for Waiver of Grounds of Inadmissibility. The fee for Form I-601 can only be waived for an alien who is not subject to a determination of their likelihood of becoming a public charge under section 212(a)(4) of the INA; L. Form N-300, Application to File Declaration of Intention; M. Form N-336, Request for Hearing on a Decision in Naturalization Procedures Under section 336 of the Act; N. Form N-400, Application for Naturalization;
O. Form N-470, Application to Preserve Residence for Naturalization Purpose;
- Continuous residence in the United States since before January 1, 1972, ("Registry").
For further fee waiver request guidance, please visit our Web site at: www/uscis.gov and under "Before I file" click on "Check Filing Fees" and then under "Forms Information" click on "Fee Waiver Guidance."
B. Form I-131, Application for Travel Document can be waived for those applying for humanitarian parole.
- Special Immigrant Juvenile status based on an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
F. Form I-539, Application to Extend/Change Nonimmigrant Status, for individuals with any benefit request as specified by section 245(l)(7) of the INA;
Some applications and petitions do not require a fee at all and do not require you to submit a Form I-912. Other USCIS applications and petitions have fee exemption requirements for certain types of applicants and petitioners. In these cases, the fee exemption is outlined on the particular USCIS form and instructions and submission of a separate Form I-912 is not required. Consult our Web site for the instructions and fees for specific USCIS applications and petitions at: www.uscis.gov.
S. Biometric services in connection with any application or petition, regardless of whether it is listed above.
Fee Waiver Request Review Process
1. How will USCIS determine if you qualify for a fee waiver?
USCIS will review your Form I-912 according to the process described below. Additional details, including evidence, need to be followed as explained in each step: Step 1. Are you receiving a means-tested benefit? If you are and you have provided sufficient evidence, your fee waiver will normally be approved.
federally or state funded. For purposes of this waiver application only, USCIS will consider federal public benefits that you are receiving based on your means, regardless of whether the benefit is funded under the benefit-granting agency's mandatory or discretionary spending programs. In other words, the benefit does not need to have been specifically designated by the benefit- granting agency as a "federal means-tested benefit" for purposes of the Personal Responsibility and Work Opportunity Act (PRWORA) of 1996, P.L. 104-193, but your eligibility for the benefit must still depend on your income and other resources available to you. State agencies may assist in the local administration of federal means-tested public benefits.
2. What is a means-tested benefit and what effect does it have on my eligibility for a fee waiver?
B. Examples of means-tested benefit programs are Medicaid, Food Stamps (now a part of the "Supplemental Nutrition Assistance Program" or "SNAP" benefits), Temporary Assistance to Needy Families (TANF), Supplemental Security Income (SSI), among others. These benefits have been designated as such for PRWORA purposes, however, there are also other federal public benefits that you may be receiving which are also "means-tested," but that are funded by the benefit-granting agency's discretionary spending programs. USCIS will consider your receipt of these benefits as well in determining your eligibility for a fee waiver. Please consult with your benefit-granting agency or your legal advisor to determine whether any federal public benefit that you are receiving qualifies as a benefit for which your eligibility is determined based on your "means."
C. States may also provide eligible individuals with state- funded public benefits where a person's eligibility for the benefit, the amount of the benefit, or both, are determined by the person's income and resources, including those that the state benefit-granting agency lawfully deems available to the person. Such benefits may also be considered "means-tested" benefits for purposes of this fee waiver application.
R. Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322; and
Q. Form N-600, Application for Certification of Citizenship;
Step 2. Is your household income is at or below 150% of the Federal Poverty Guidelines at the time of filing? If it is, and you have provided evidence, your fee waiver request will normally be approved.
Step 3. Do you have some financial hardship situation such as recent unemployment, high medical expenses, and/ or other unexpected large expenses that you would want USCIS to consider when determining eligibility for a fee waiver? If you do, you must provide evidence to support your claim.
STEP 1
A. A means-tested benefit is a public benefit where a person's eligibility for the benefit, or the amount of such benefits, or both, are determined on the basis of the person's income and resources, including those that may lawfully be deemed available to the person by the benefit- granting agency. Means-tested benefits may be either
E. You must provide evidence that you currently are receiving a means-tested benefit. This evidence should be in the form of a letter, notice, and/or other official document(s) containing the name of the agency granting you the public benefit. The document(s) submitted must show the name of the recipient of the means-tested benefit and the name of the benefit received.
D. If you are receiving a means-tested benefit when you file Form I-912, we will consider you eligible for a fee waiver.
P. Form N-565, Application for Replacement Naturalization/Citizenship Document;
B. Similarly, if the applicant is living with someone but is not a member of that person's household for tax purposes, that person's income will not be considered when determining the applicant's household income. You do not need to provide income for that person.
A. If you are legally separated you do not need to include your spouse in your family size. However, be sure you include in your household income any support that your spouse provides to your household.
8. If I am separated, do I need to count my spouse, household size and include their income as part of household income?
B. Persons applying for immigration benefits under the provisions of the Violence Against Women Act (VAWA), and those applying for T or U Visas under the Victims of Violence and Trafficking Protection Reauthorization Act, should not provide spouse's income.
A. If under 24 years of age and over 21 years of age and unmarried, the student can still be claimed as a dependent on the parents' Federal tax return if living at home under these circumstances. The student should provide a copy of their parents' income tax statement along with their own income tax statement.
B. If a student is not claimed as a dependent on a parent's Federal tax return, the fee waiver request will be based on the student's income only.
**9. What if I am a full-time college or vocational student?
- What if I am recently unemployed and my last year's** income tax statement shows my household income above 150% of the Federal Poverty Guidelines?
If you are recently unemployed, you may not be able to show that your annual income is at or below 150% of the Federal Poverty Guidelines based on your most recent tax return. Please see information in step 3.
11. What if I cannot provide evidence of income?
Please refer to Step 3 for guidance on evidence to provide.
- A recent state or juvenile court order establishing dependency or custodial assignment of the SIJ; or
A. The fee waiver request should be supported by one of the forms of evidence listed below:
12. What if I am filing on behalf of, or as a Special Immigrant Juvenile (SIJ)? 2. A letter from a foster care home or similar agency overseeing the SIJ's custodial placement that describes the SIJ's inability to pay; or 3. An approval notice on a Form I-797, Notice of Action, for a Form I-360, filed for the SIJ. 13. What if I believe special circumstances warrant a fee waiver even though my income puts me above 150% of the Federal Poverty Guidelines?
A. You will need to provide us with a description of your financial hardship as well as the following:
- Income as described above; and
- Information concerning your assets. Assets include: real estate, property, cash, checking and savings accounts, stocks, bonds, and annuities (except for pension plans and Individual Retirement Accounts (IRAs)). You need to provide evidence regarding the types and value of your assets. B. Information concerning your liabilities and expenses. Liabilities and expenses for this purpose include: the cost of rent, mortgages, lease, the average monthly cost for food, utilities, child care and elder care, medical expenses, any tuition costs, commuting costs, and monthly payments on any lawful debts. You need to provide evidence, where possible, such as copies of monthly bills and/or payments.
STEP 3
You will need to provide us with a description of your financial hardship and why you cannot provide any evidence in support of your income. If possible, additional evidence could be provided by affidavits from churches and other community-based organizations indicating that the applicant is currently receiving some benefit from that entity.
14. What if I cannot provide evidence of income?
General
1. Is there a fee for filing Form I-912? There is no filing fee for the Form I-912. 2. Can I file one fee waiver request for all members of my family applying for immigration benefits?
Yes. However , each person applying for a fee waiver must sign Form I-912. These individuals should be identified in Sections 1 and 2 of Form I-912. Please see "Who Must Sign Form I-912" on Page 5.
No. Form I-912 must be filed with an application or petition requesting an immigration benefit. In addition, you must file a new Form I-912 with any subsequent application or petition.
No. You can file one fee waiver request covering all applications and biometric fees filed for that applicant in the same envelope.
4. If I am filing more than one application or petition at the same time, do I need to include a fee waiver request **for each application and petition?
- Some form instructions mention a filing fee and a biometric services fee; can both be waived? Do I have to file a separate Form I-912?**
You do not have to file a separate Form I-912 for the filing fee and the biometric services fee. If we approve your Form I-912, we will waive both the filing and biometric services fee.
3. Can I file a Form I-912 without an application or petition?
A. Relying primarily on public cash assistance for income maintenance can affect an individual's eligibility for some immigration benefits, depending on the totality of the circumstances. The applicant may be inadmissible as an alien likely to become a public charge, or may be deportable for already having become a public charge within 5 years of entry for reasons that arose before entry. You will find detailed guidance on these issues published in the May 26, 1999, edition of the Federal Register ( Fed. Reg. 28689) and on the USCIS Web site at www.uscis.gov under "Public Charge."
6. Will requesting a fee waiver affect my current immigration status?
B. USCIS will not consider the possibility that you might be inadmissible or deportable as a "public charge" in deciding your fee waiver request. However, being inadmissible as a public charge may make you ineligible for the benefit you seek. The fee waiver determination, however, is made separately from the adjudication of your eligibility of the benefit.
C. USCIS will deny an application or petition that has been determined to involve false document, misrepresentations of facts, or other fraud in and filing including this fee waiver request.
If someone filed a Form I-134, Affidavit of Support, or Form I-864, Affidavit of Support under Section 213A of the Act, that person may still be responsible for supporting you, and may be sued for repayment of public assistance provided to you. However, we will not consider that person's income or
assets in deciding whether you are eligible for a fee waiver.
7. What if someone filed an affidavit of support for me?
Who Must Sign Form I-912?
B. Your parent or legal guardian may sign Form I-912 for you if you are under 14 years of age.
A. If you are at least 14 years of age or older, you must sign the Form I-912.
C. Your legal guardian may also sign Form I-912 for you if you are not mentally competent to manage your own affairs no matter what your age is.
General Instructions for Completing Form I-
A. This section provides you with line-by-line instructions for completing Form I-912.
B. We recommend that you use the Adobe-fillable form available on the USCIS Web site. If not available, type or print in blue or black ink. C. If an item does not apply to you, enter "Not Applicable" or "N/A" unless the instructions direct you to do something else. If the answer is none, write “None.”
D. If you need more space to complete an answer, use a separate sheet of paper. At the top of each continuation sheet, write your name and Alien Registration Number (A-Number), if you have one, and indicate the section and number of the item to which the answer refers.
SECTION 1 - INFORMATION ABOUT YOU This section is for the person who needs the fee waiver. If you have dependents whose applications are part of the fee waiver request, please provide additional information in Section 2. Line 1. a. Family Name (last name). Line 1. b. Given Name (first name). Line 1. c. Middle Initial.
If you have two last names, include both in the Family Name box and use a hyphen (-) if appropriate.
Your complete application or petition,Form I-912, and supporting documentation should be mailed to the USCIS office according to the "Where to File" directions identified in the application or petition form instructions to which the Form I-912 relates. Form I-912 cannot be submitted after USCIS has received the underlying application or petition.
Filing Your Request
Additional Information
If we approve your fee waiver request, we will notify you with a notice that your application or petition has been receipted and the filing amount is $0. If we deny your request, we will notify you with a notice rejecting your application or petition and an explanation of why the fee waiver request was denied. Your complete package will be returned to you. You may either resubmit your application or petition and fee waiver request with the required additional documentation or submit the necessary fee for the application or petition.
Privacy Act Notice
We ask for the information on Form I-912, and associated evidence, to determine if you have established eligibility for the immigration benefit for which you are filing. Our legal right to ask for this information can be found in the Immigration and Nationality Act, as amended. We may provide this information to other government agencies. Failure to provide this information, and any requested evidence, may delay a final decision or result in denial of your Form I-912.
To file your completed Form I-912, attach it and all supporting documentation to the application or petition that you are submitting.
Paperwork Reduction Act
Immigration laws are often complex. We try to create forms and instructions that are easy to understand and that impose the least possible burden in terms of information and evidence required. For Form I-912, we estimate that on average it will take a customer 1 hour and 10 minutes to learn about the law, the form, our process, download the form from our Web site, and complete and submit the request.
If you have any comments about this estimate, or suggestions for making the form simpler, contact: U.S. Citizenship and Immigration Services, Regulatory Products Division, Office of the Executive Secretariat, 20 Massachusetts Avenue N.W., Washington, DC 20529-2020. You can also write to the Office of Management and Budget, Paperwork Reduction Project, OMB No. 1615-XXXX, Washington, DC 20503. (Do not mail your Form I-912 to either of these addresses).
