Immigration Fee Waiver Form I-912 Request for Fee Waiver Guide

File I-912 Request for Fee Waiver
December 23, 2016

What is Form I-912 Request for Fee Waiver?

Form I-912 is a request to waive a fee to the USCIS. There are several different applications that may qualify to have their fees waived.  You can file Form I-912 Request for fee waiver for multiple family related petitions being filed at the same time.  There are Immigration Attorneys in Springfield, VA,  just minutes from Manassas, Annandale and Fairfax City that can help you get your fees waived along with your immigration and naturalization petitions.

What applications qualify for a fee waiver for using Form I-912?

The applications that are eligible to have their fees waived are:

Biometric services fees, except for the biometric services fee required for a provisional unlawful presence waiver application (Form I-601A) filed under 8 CFR 212.7(e) aswell as;

  1. Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of an Immigration Officer;
  2. Form I-90, Application to Replace Permanent Resident Card;
  3. Form I-129, Petition for a Nonimmigrant Worker for an applicant for E-2 CNMI investor nonimmigrant status under 8 CFR 214.2(e)(23);
  4. Form I-131, Application for Travel Document for a person applying for humanitarian parole;
  5. Form I-191, Application for Advance Permission to Return to Unrelinquished Domicile;
  6. Form I-192, Application for Advance Permission to Enter as Nonimmigrant for an applicant who is exempt from the public charge grounds of inadmissibility;
  7. Form I-193, Application for Waiver for Passport and/or Visa for an applicant who is exempt from the public charge grounds of inadmissibility;
  8. Form I-290B, Notice of Appeal or Motion, but only in circumstances where the underlying application was fee exempt, the filing fee was waived, or it was eligible for a fee waiver;
  9. Form I-485, Application to Register Permanent Residence or Adjust Status for a lawful permanent resident status based on: A. Special Immigrant Status based on an approved Form I-360 as an Afghan or Iraqi Interpreter, or Afghan or Iraqi National employed by or on behalf of the U.S. Government; B. An adjustment provision that is exempt from the public charge grounds of inadmissibility of the Immigration and Nationality Act (INA) section 212(a)(4), such as the Cuban Adjustment Act, the Haitian Refugee Immigration Fairness Act, continuous residence in the United States since before January 1, 1972, (“Registry”), Asylum Status, Special Immigrant Juvenile Status, or similar provisions; Form I-912 Instructions 04/25/16 Y Page 2 of 11
  10. Form I-539, Application to Extend/Change Nonimmigrant Status for an applicant with any benefit request as specified by INA section 245(l)(7) or an applicant for E-2 Commonwealth of the Northern Mariana Islands (CNMI) investor nonimmigrant status under 8 CFR 214.2(e)(23);
  11. Form I-601, Application for Waiver of Grounds of Inadmissibility, for an applicant who is exempt from the public charge grounds of inadmissibility of INA section 212(a)(4);
  12. Form I-694, Notice of Appeal of Decision Under Sections 245A or 210 of the Immigration and Nationality Act, if your underlying application or petition was fee exempt, the filing fee was waived, or was eligible for a fee waiver;
  13. Form I-751, Petition to Remove Conditions on Residence;
  14. Form I-765, Application for Employment Authorization, except when filing under category (c)(33), Deferred Action for Childhood Arrivals (DACA);
  15. Form I-817, Application for Family Unity Benefits;
  16. Form I-821, Application for Temporary Protected Status;
  17. Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal;
  18. Form N-300, Application to File Declaration of Intention;
  19. Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings;
  20. Form N-400, Application for Naturalization;
  21. Form N-470, Application to Preserve Residence for Naturalization Purposes;
  22. Form N-565, Application for Replacement of Naturalization/Citizenship Document;
  23. Form N-600, Application for Certification of Citizenship;
  24. Form N-600K, Application for Citizenship and Issuance of Certificate under Section 322. You may also apply for a fee waiver for ANY application or petition that is related to status as a: 1. Battered spouses of A, G, E-3, or H nonimmigrants (such as Forms I-485, I-601 and I-212); 2. Battered spouse or child of a lawful permanent resident or U.S. citizen under INA section 240A(b)(2); 3. T nonimmigrant (such as Forms I-192, I-485, and I-601); 4. Temporary Protected Status (such as Forms I-131, I-821 and I-601); 5. U nonimmigrant (such as Forms I-192, I-485, and I-929); or 6. VAWA self–petitioner (such as Forms I-485, I-601 and I-212)

Who qualifies for the fee waiver?

To qualify for a fee waiver you must have a basis for your request.  Part 1 of the form will offer three separate categories you can claim as the basis for your request.  The categories are:

  1. You have a means tested benefit as the basis for your case

  2. You and your household income are below 150% of the poverty line.

  3. You have a financial hardship.

What qualifies as a means-tested benefit?

You have a means tested benefit if you have a public benefit that is based on your income or resources.  Examples of means-tested benefit programs are Medicaid, Supplemental Nutrition Assistance Program (known as “SNAP” and formerly called Food Stamps), Temporary Assistance to Needy Families (TANF), and Supplemental Security Income (SSI). Form I-912 Request for fee waiver

If you are the recipient of a means tested benefit you are usually eligible for a fee waiver.  This will also qualify your children under 21 and your spouse for the fee waiver.  You cannot qualify for a fee waiver based on your children’s enrollment in a means-tested benefit program.  An Immigration Attorney located in Springfield, Va, just a few miles away from Arlingtion, Tysons Corner, Chantilly and Vienna can help determine if you have a means tested benefit that qualifies you for an I-912 Request for Fee Waiver

What Documentation do you need to prove your means tested benefit status?

To prove you have a means-tested benefit you must provide documentation.  Documentation of a means-tested benefit includes letters, notices or other documents that indicate that the benefit is currently being received as well as your name, the type of benefit and the name of the agency granting the benefit.

How do you demonstrate that your household income is below 150% of the Federal Poverty Guidelines?

To demonstrate your household income, first, indicate your employment status.  If you are unemployed you must indicate if you currently have unemployment benefits, when you started receiving unemployment benefits and the total amount of benefits you have received.  Then indicate if you are the providing the primary financial support for the household.

If there are other members of your household indicate who they are. This includes your spouse, children, relatives, and other household members. Include each member’s date of birth, income, marital status, student status, and relationship to you.

How do you document your household income?

To document your household income provide a tax return for yourself and all the other members of your household who have an income.  If you or a member of your household did not file a Federal tax return, or if your Federal tax return does not reflect your current income, provide copies of consecutive pay statements for at least the last month, recent Form W-2, Form SSA-1099, or statements from your employers on business stationery showing salary or wages paid.  Also provide unemployment benefits.

If you are a student who does not live with your parents or are not claimed as a dependent on your parents’ Federal tax return, provide proof of your income or documentation that shows you are not required to file a Federal or state tax return.

If you are a full-time student, over 21 years and under 24 years of age, unmarried, and live with your parents, or you are claimed as a dependent on your parents’ Federal tax return, include your parents’ income. You must provide a copy of both parents’ Federal tax returns and your own Federal tax return, or provide another proof of income.

If you are applying for immigration benefits based on the Violence against Women Act, or T or U nonimmigrant status under the Victims of Violence and Trafficking Protection Reauthorization Act, you do not need to provide your spouse’s income.

You will need to explain the particular situation qualifying you for a fee waiver if you or members of your household are recently unemployed and the annual income on your tax return or proof of income is above 150% of the Federal poverty guidelines.

If you do not have any income, financial support, or cannot provide evidence of income, describe your particular situation that you believe qualifies you for a fee waiver. If available, you may submit affidavits from religious institutions, non-profits, community-based organizations, or similarly recognized organizations, indicating that you are currently receiving some benefit or support from the organization verifying your situation. Documenting your household income to qualify you for your I-912 Request for Fee Waiver can be daunting.  There are Immigration Lawyers just outside of Reston, Herndon, and Lorton, VA, located in Springfield that can file your I-912 and make sure you do not pay any unnecessary fees.

How do you demonstrate a financial hardship?

To receive a fee waiver you can also demonstrate a specific financial hardship that prevents you from being able to afford fees.  Examples of financial hardship include medical expenses, unemployment, eviction, and homelessness.

To demonstrate a financial hardship you must first list your income and your assets.  Assets include cash, bank accounts, annuities, stocks, bonds, and other assets that you can easily convert into cash.  Then you must provide the total value of your assets.

The next step is to itemize your total monthly expenses and liabilities.  Expenses include monthly bills and payments.  Be sure to include documentation and evidence of your bills, assets, and income.  Examples of expenses include but are not limited to:

Rent

Mortgage

Child Care

Elder Care

Food

Utilities

Insurance

Loans

Credit Card Payments

Commuting Expenses

Medical Payments

School Payments

What other information will you need to provide?

You will need to include your full name.  If you have more than 1 last name include both names separated by a hyphen in the space marked “family name”.  Then list any other names used including maiden names.

If applicable you will also need to provide your Alien Registration Number (A- Number).  In addition, you will need to provide your date of birth, marital status, USCIS Account Number and Social Security Number in any.

The next step is to list the name, A-number and relationship to you of every person you are requesting a fee waiver for.  Then list the different forms for whom you and your family want to be waived.

You will also need to provide Contact information for yourself and the family members you are applying for, including relevant phone numbers and email addresses.  Then you and each family member making a request must sign and date the Form I-912 Request for Fee Waiver.

What should you do if you have additional information that will not fit on the Form I-912 Request for Fee Waiver?

If you have additional information that will not fit on the Form I-912 Request for fee waiver there is a space provided in Part II of the application.  If that is still not enough space you can make multiple copies of Part II and attach them to the Form I-912 Request for Fee Waiver.  Make Sure you file your I-912 Request for Fee Waiver properly and completely.  You may want to consult an  immigration attorneys located in Springfield VA, only minutes from Alexandria, Falls Church and Annandale to make sure that your I-912 and other petitions are filed correctly.

What should you do if you used an interpreter?

If you had an interpreter help you or any of your family members fill out the Form I-912 Request for fee waiver you need to disclose that information.  Form I-912 Request for Fee Waiver requires their name, address, and signature.  They must then attest that they are fluent in both English and the language that they are translating the form into for you or your family member.

Is there a Filing fee for Form I-912 Request for Fee Waiver?

There is no filing fee for Form I-912 Request for Fee Waiver.

Where should you file Form I-912 Fee Waiver Request for Fee Waiver?

The filing location depends on what form you are requesting to have the fees waived for. Form I-912 Request for fee waiver should be filed at the same location the form you are requesting the fee waiver for is filed. If you

How will I know if the fee has been waived?

The USCIS will notify you by mail if your fees have been waived.

What other general instructions are there for filing Form I-912?

Type or print all of the information legibly in black ink.  If a question or section does not apply write “N/A” in the space provided instead of leaving it blank.  All Form I-912 Request for fee waiver must be properly signed. The signature must be handwritten not typed or stamped.  A parent or legal guardian may sign on behalf of a person 14 years old or younger or a mentally incompetent person.

Are copies of supporting documents acceptable?

Copies of documents are usually acceptable. If an original document is required the USCIS will request it.  If you submit an original document that was not specifically requested it may not be returned to you.

Are Translations of foreign documents required?

You must submit an English translation along with any document written in a foreign language.  The translator must sign a certification that the translation is accurate and that they are competent to perform the translation into English.

If you have any questions concerning filing a Form I-912 Request for fee waiver you can call the USCIS at 1-800-375-5283 or 1-800-767-1833 for the hearing impaired.

Link to Form-912 Request for Fee Waiver