Navigating the U.S. immigration process can pose a financial burden, especially for people with limited resources. However, there are affordable alternatives. The U.S. Citizenship and Immigration Services (USCIS) offers a fee waiver program to ease the financial burden. For this purpose, petitioners are provided with Form I-912.
At Jaskot Law, we will explain how to obtain a fee waiver through Form I-912, the necessary requirements, what the waiver applies to, and what happens if the application is denied.
Form I-912: a tool to apply for a fee waiver with USCIS
The Form I-912, also known as the “Request for Fee Waiver,” is the means by which individuals may apply for a fee waiver associated with immigration proceedings at USCIS.
This form is specifically designed for low-income individuals, and is essential to reduce the costs of filing certain forms, or completing certain procedures in the immigration process.
Requirements to apply for a fee waiver
To qualify for a fee waiver through Form I-912, applicants must meet certain requirements established by USCIS. In order to qualify for this resource, applicants must:
- Demonstrate inability to pay fees: Applicants must demonstrate, by submitting necessary documentation, that they do not have sufficient financial resources to pay USCIS fees.
- Meet income thresholds: USCIS sets income caps based on household size to determine eligibility for the fee waiver. So, applicants must verify that their income is below the established thresholds.
- Submit documentation to support the request: It is essential that applicants provide accurate and complete documentation to support the fee waiver request. This may include information on income, expenses, assets, and any other relevant financial circumstances.
Procedures eligible for fee waivers
The fee waiver through Form I-912 applies to several immigration procedures at USCIS. Eligible processes include, but are not limited to, the following:
- Applications for citizenship (Form N-400): Applicants seeking naturalization may apply for a fee waiver for Form N-400, which is the application to become a U.S. citizen.
- Requests for adjustment of status (Form I-485): Those who wish to adjust their immigration status and apply for permanent residence may apply for a fee waiver for Form I-485.
- DACA Renewal Applications DACA (Form I-821D): Deferred Action for Childhood Arrivals (DACA) recipients may request a fee waiver for Form I-821D, which is used to renew their DACA status.
It should be clarified that these are some of the eligible procedures. We recommend that you carefully read the list of eligible forms of the USCIS. If you are still in doubts, at Jaskot Law, we can help you. Contact us and we’ll answer your questions!
Reasons for rejection of the fee waiver request
In some cases, the USCIS may deny a fee waiver request through Form I-912. Some reasons for rejection may include:
- Lack of appropriate documentation: If you do not support your fee waiver request with proper documentation, or it contains incomplete or inaccurate information, USCIS may reject it.
- Failure to meet eligibility requirements: If the applicant does not meet the requirements established by USCIS, such as demonstrating inability to pay the fees or meet the income thresholds, the fee waiver application may be denied.
- Expiration of Form I-912: If Form I-912 is not filed with the appropriate procedure by the USCIS deadline, the fee waiver application is likely to be denied.
What happens if my Form I-912 fee waiver request is denied?
If the Form I-912 fee waiver request is denied, several possible scenarios may arise. Here are some possible outcomes:
- Payment requirement: If the application is denied, USCIS will send the applicant a notice or invoice specifying the amount due, and further payment instructions.
- Request for Evidence (RFE): In some cases, USCIS may issue a Request for Evidence (RFE) if additional information or supporting documentation is needed to reconsider the fee waiver request.
- Appeal process: If the applicant believes there was an error in the decision, or has additional evidence to support eligibility for a fee waiver, they may have the option to file an appeal.
- Resubmission of an application with a stronger case: It is possible to resubmit an application with a stronger case to address any deficiencies or provide additional supporting documentation.
Conclusion
In conclusion, the USCIS fee waiver program through Form I-912 provides an invaluable opportunity for low-income individuals to relieve their financial burden. By knowing the requirements, presenting the proper documentation, and understanding the eligible processes, it is possible to profit from this option, and move forward on the path to immigration regularization in the United States.
At Jaskot Law, we have a specialized team that will guide you in the analysis and filing of the Form I-912, and will help you overcome any inconvenience in the immigration process. Contact us and get this benefit with our help!
Sources
– USCIS – I-912, Request for Fee Waiver
– USCIS – Additional Information on Filing a Fee Waiver
Frequently Asked Questions
How long does it take USCIS to process a fee waiver request?
The processing time for a fee waiver request may vary. USCIS generally provides updated information on processing times on its website.
Can I apply for a fee waiver if I have already submitted my application without a waiver?
If you have already filed your application without requesting a fee waiver, it is generally not possible to retroactively apply for a fee waiver.
Can I appeal if my fee waiver request is denied?
Yes, you can file an appeal if your fee waiver request is denied. You must follow the procedures and deadlines established by USCIS to file an appeal.
Can I apply for a fee waiver for all USCIS forms and procedures?
Not all forms and procedures are eligible for fee waivers. USCIS has specific guidelines and criteria for determining which applications and petitions qualify for fee waivers. It is important to consult the USCIS website or an immigration attorney to determine the eligibility of a particular form or procedure.
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