General Information on a Fee Waiver

This post will explain who can request a fee waiver and what additional documents might be required in order for U.S. Citizenship and Immigration Services to grant a fee waiver.

Fee waivers are granted based on the applicant’s needs, income, and hardship. If you are 18 years or older, you may request a fee waiver for your own application. Also, you can apply for a fee waiver for the following people:

• Unmarried children who are younger than 18

• Unmarried sons and daughters, if you are the legal guardian and they cannot care for themselves

•  A legal ward (a person who is legally placed under your care) who meets either of the criteria listed above

While USCIS now has a form that can be used to request a fee waiver, additional documents may be needed before USCIS makes its final decision. Some documents include:

• An official document that shows you are receiving a means-tested benefit. The document must include the name of the person receiving aid, the agency that is giving him/her benefits, and the name of the benefit received. Examples include Medicaid and Supplemental Nutrition Assistance Program.

• Proof of employment or self-employment. Documents that prove this include current pay statements, statements from your employer(s) on letterhead that show your salary or current wages paid, or income tax returns.

•  Documents that show what assets you own (real estate, property, cash, bank accounts, etc.) Annuities can also be included, except pension plans and Individual Retirement Accounts).

*Annuities are payments received from insurance companies in either a lump sum form or in single payments over a certain period of time. For more information, contact your local attorney.

• Documents that show what liabilities or expenses are owed (cost of rent, mortgages, average monthly cost of food, utilities, child or elderly care, medical costs, tuition or education costs, and any lawful debts).

If you are submitting a document that is not in English, a copy must be sent with the document. For example, if you speak Spanish, you must submit the Spanish document along with a full English translation.

If you submit an application without paying the proper fee, it will be rejected and sent back to you. Also, if you are denied a fee waiver for a form, it will be rejected and sent back to you. A notice will be attached to the form if you were denied a fee waiver. This notice will contain instructions about resubmitting your application.

For more information about specific guidelines and limitations to fee waivers, contact Attorney Phillip Kim at www.pkimmigration.com or call (619) 752-5379

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