Aware of the benefits of INS Forms I-912 in US?


Application and petition fees largely contribute to the funds of U.S. Citizenship and Immigration Services (USCIS). Through higher fees for some immigration forms fee waiver in the cost of processing the application and petition for some other forms are allowed. But in some cases filing fee may not be payable by some individuals. So by filing INS forms I-912 the deserving applicants could get a fee waiver. The sole discretion of granting fee waiver is with USCIS.

When to file for fee waiver?

In an effort to facilitate the fee waiver request process USCIS developed Form I-912, Request for Fee Waiver. Apart from INS Forms I-912 requests USCIS will continue to consider applicant-generated fee waiver requests that comply with 8 CFR 103.7(c). How USCIS makes a decision on a fee waiver request is given in Form I-912 instructions. The immigration form also gives information on the methodology, if it’s an applicant-generated written statement request or the request is submitted on Form I-912 for a fee waiver. Applicants are guided on properly completing Form I-912 and submitting supporting documentation through its instructions.

In order to review to determine whether the applicant’s financial condition or income level makes him or her eligible for the fee waiver is done by following the steps below.

Step 1: Are you a means-tested beneficiary? Instructions about the kind of acceptable evidence and various acceptable means-tested benefits are given which applicant can use to document for receiving means-tested benefits. Based upon the primary applicant’s receipt of a means-tested benefit which family members will be considered as eligible for a fee waiver is also outlined in the INS forms. Your fee waiver will normally be approved if you are receiving a means-tested benefit and you have provided sufficient evidence with your fee waiver request and further no information is required.

Step 2: At the time of filing is your household income at or below 150% of the Federal Poverty Guidelines? Instruction about what is acceptable evidence in determining household income is provided to applicant. Also which family members should be included when determining household size is explained in it. Your fee waiver will normally be approved if you have provided sufficient evidence that your household income is at or below the 150 % entry.

Step 3: For USCIS to determine eligibility for a fee waiver you have some financial hardship situation that you would want to be considered? In addition to income such as extraordinary expenses and liabilities this step allows an applicant to list any special circumstances that USCIS should consider.

Immigration forms Eligible for Fee Waiver

Based on an inability to pay you may request a fee waiver for the following forms :

1. General Fee Waivers: I-90, I-191, I-751, I-765, I-817, I-821, I-881, N-300, N-336, N-400, N-470, N-565, N-600, N-600K; and

2. Fee Waivers on Humanitarian grounds: Any immigration benefit request by a VAWA self-petitioner or an alien who has or is requesting a T visa or U visa; is a battered spouse of A, G, E–3, or H non-immigrant, or a battered spouse or child of a lawful permanent resident or U.S. citizen; or has Temporary Protected Status is eligible for a fee waiver. Forms like I-212, I-485, I-539, and I-601 are inclusive though they are not eligible for a fee waiver or eligible only for a conditional fee waiver.

3. Conditional Fee Waivers: You may request a fee waiver subject to the following conditions apart from above mentioned immigration forms:

a. I-131 –as humanitarian parole applicant and only persons located overseas who are applying for an Advance Parole Document can apply for waiver.

b. I-290B – only if the primary application was fee exempt, the fee was waived, or it was eligible for a fee waiver; and

c. In addition, according to section 212(a)(4) of the INA, an applicant who does not have to show he or she will not become a public charge for admission or adjustment of status purposes may request a waiver of the filing fees of Form I-192, I-193, I-485  and I-601.

4. Biometric services regardless of whether it is listed above, in connection with any application or petition.

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