| Generally, the USCIS has discretion to waive the filing | | | | bills, transportation expense receipts, medical expense |
| fees for an application, petition, motion or request if the | | | | receipts, and proof of other essential expenditures |
| applicant establishes that he is unable to pay the fee. | | | | - Any other proof of essential expenditures |
| Besides maintaining the USCIS discretionary authority | | | | - Proof that verifies the applicant's disability. The |
| to grant fee waivers, the fee waiver guidance issued | | | | applicant may provide proof of his disability by |
| on March 4, 2004 provides direction on what | | | | submitting documentation showing that the disability |
| constitutes 'inability to pay'. | | | | has been previously determined by the Social Security |
| An applicant does not automatically qualify for a fee | | | | Administration (SSA), the Department of Health and |
| waiver based on any one particular situation or factor. | | | | Human Services (HHS), the Department of Veterans |
| Each case is unique and is considered upon its own | | | | Affairs (VA), the Department of Defense (DOD), or |
| merits. A fee waiver request may be granted when it | | | | other appropriate federal agency |
| has been established to the satisfaction of the USCIS | | | | - Proof of the applicant's extraordinary expenditures or |
| Officer with jurisdiction over the request that the | | | | his dependents residing in the U.S. Essential |
| individual is unable to pay the fee. | | | | extraordinary expenses are those which do not occur |
| Inability to pay | | | | on a monthly basis but which are necessary for the |
| In all fee waiver requests applicants are required to | | | | well being of the individual or his dependents |
| demonstrate an 'inability to pay'. In determining 'inability | | | | - Proof that the applicant has, within the last 6 months, |
| to pay', USCIS Officers may consider the following | | | | qualified for and/or received a Federal 'means-tested |
| situations and criteria regarding the applicant: | | | | public benefit' |
| - Whether the applicant has demonstrated that within | | | | - Documentation to show all assets owned, |
| the last 180 days, he qualified for or received a 'federal | | | | possessed, or controlled by the applicant or by his |
| means-tested public benefit'. This may include, but is | | | | dependents |
| not limited to, Food Stamps, Medicaid, Supplemental | | | | - Documentation establishing other financial support or |
| Security Income, and Temporary Assistance of Needy | | | | subsidies - such as parental support, alimony, child |
| Families or other public benefit | | | | support, educational scholarships, and fellowships, |
| - Whether the applicant has demonstrated that his | | | | pensions, Social Security or Veterans Benefits, etc. |
| household income, on which taxes were paid for the | | | | This includes monetary contributions for the payment |
| most recent tax year, is at or below the poverty level | | | | of monthly expenses received from adult children, |
| contained in the most recent poverty guidelines as | | | | dependents, and other people who are living in the |
| revised annually by the Secretary of Health and | | | | applicant's household, etc. |
| Human Services' | | | | - Documentation of debts and liabilities - what is owed |
| - Whether the applicant is elderly (age 65 and over, at | | | | on any outstanding loans, credit cards, etc. by the |
| the time the fee request is submitted) | | | | applicant and his dependents, and any other expenses |
| - Whether the applicant is disabled. Applicant should | | | | the applicant is responsible for (i.e. insurance, medical |
| submit verification of disability | | | | dental bills, etc.) |
| - The age and number of dependents in the applicant's | | | | How to Apply for a Fee Waiver |
| household who are seeking derivative status or | | | | - To apply for a fee waiver, an applicant must submit |
| benefits concurrently with the principal applicant or | | | | an affidavit - or declaration that is signed and dated |
| beneficiary | | | | and includes the statement: "I declare under penalty of |
| - Humanitarian or compassionate reasons, either | | | | perjury that the foregoing is true and correct" - |
| temporary or permanent, which justify the granting of | | | | requesting a fee waiver and stating the reasons why |
| a fee waiver request. For example: the applicant is | | | | he is unable to pay the filing fee |
| temporarily destitute; the applicant does not own, | | | | - The affidavit and any supporting documentation must |
| possess, or control assets sufficient to pay the fee | | | | be submitted along with the benefit application or |
| without a showing of substantial hardship; or the | | | | petition |
| applicant is on a fixed income and confined to a | | | | - To facilitate the processing of fee waiver requests, |
| nursing home | | | | applicants should write in large print 'Fee Waiver |
| - Any other evidence or factors that the USCIS | | | | Request' on the outside of the mailing envelope |
| Officer believe establishes an applicant or petitioner's | | | | containing their application or petition and fee waiver |
| inability to pay the required filing fees | | | | request, as well as at the top of their affidavit and |
| Documentation | | | | each page of their supporting information |
| Documentation, such as the examples listed below, | | | | USCIS Officers evaluate all factors, circumstances, |
| may be submitted to provide proof of the 'inability to | | | | and evidence supplied by the applicant in support of a |
| pay': | | | | fee waiver request before making a determination. If a |
| - Proof of living arrangements (i.e. living with relatives, | | | | fee waiver request is denied, the entire application |
| living in the applicant's own house, apartment, etc.), and | | | | package will be returned to the applicant, who must |
| evidence of whether the applicant's dependents are | | | | then begin the application process again by re-filing for |
| residing in his household | | | | the benefit with the appropriate fee. |
| - Evidence of current employment or self-employment | | | | Contact VisaPro if you have any questions regarding |
| such as recent pay statements, W-2 forms, | | | | visas, or need help in filing with the USCIS or |
| statement(s) from the individual's employer(s) on | | | | Consulates. Our experienced attorneys will be happy |
| business stationary showing salary or wages paid, | | | | to assist you. |
| income tax returns (proof of filing of a tax return) | | | | Visapro cover the latest happenings on work visas in |
| - Mortgage payment receipts, rent receipts, food and | | | | Immigration Monitor, our monthly newsletter. Click here |
| clothing receipts, utility bills (such as gas, electricity, | | | | to subscribe to Immigration Monitor. |
| telephone, water), child or elder care receipts, tuition | | | | |