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ImmigrationINFO …Immigration News For Our Community

Jan 13, 2013 News

How to Avoid Paying Immigration Filing Fees?
Attorney Gail S. Seeram

Given the economic hardship that is faced by many in the United States and worldwide, Citizenship and Immigration Services (formerly INS) has a process in place where certain filing fees can be waived (meaning exempt from being paid).  In order to qualify for a fee waiver, the applicants must disclose their income level or financial condition through a formal Request for a Fee Waiver.
The applicant must first review these three steps to determine if he or she is eligible for the Request for a Fee Waiver:
Step 1. Are you receiving a means-tested benefit?  There are various acceptable means-tested benefits such as Medicare, Medicaid, food stamp, etc. that are acceptable to prove an inability to pay immigration filing fees. Certain family members will be considered as eligible for a fee waiver based upon the primary applicant’s receipt of a means-tested benefit. If you are receiving a means-tested benefit and you have provided sufficient evidence with your fee waiver request, your fee waiver will normally be approved and no further information is required.
Step 2. Is your household income at or below 150 per cent of the Federal Poverty Guidelines at the time of filing? In order to determine household income, generally you must submit your recent tax return or income earning statement (such as Form W-2 or Form 1099).  If you have provided sufficient evidence that your household income is at or below the 150 per cent threshold, your fee waiver will normally be approved.
Step 3. Do you have some financial hardship situation that you want considered when determining eligibility for a fee waiver? An applicant is allowed to list any special circumstances that should be considered in addition to income such as extraordinary expenses and liabilities.  Financial hardship may include unemployment or disability.
A Request for a Fee Waiver MAY be submitted with the following applications or petitions:
1.    Form I-90, Application to Replace Permanent Resident Card;
2.    Form I-131, Application for Travel Document can be waived for those applying for humanitarian parole;
3.    Form I-192, Application for Advance Permission to Enter as Nonimmigrant;
4.    Form I-290B, Notice of Appeal or Motion;
5.    Form I-485, Application to Register Permanent Residence or Adjust Status. A fee waiver is only available if you are applying for lawful permanent resident status based on:
o    “T” nonimmigrant status (victim of human trafficking) or “U” nonimmigrant status (victim of certain crimes who has assisted in prosecution);
o    Asylum status in the United States;
o    Approved status as a battered or abused spouse, child, or parent of a U.S. citizen or lawful permanent resident, or for a special immigrant juvenile;
o    Special Immigrant Juvenile status based on an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant;
o    An adjustment provision that does not require you to prove that you are not likely to become a public charge, such as the Cuban Adjustment Act, the Haitian Refugee Immigration Fairness Act, or similar provision; and
o    Continuous residence in the United States since before January 1, 1972, (“Registry”).
6.    Form I-539, Application to Extend/Change Nonimmigrant Status;
7.    Form I-601, Application for Waiver of Grounds of Inadmissibility;
8.    Form I-751, Petition to Remove Conditions on Residence;
9.    Form I-765, Application for Employment Authorization;
10.    Form I-817, Application for Family Unity Benefits;
11.    Form I-821, Application for Temporary Protected Status;
12.    Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal;
13.    Form N-300, Application to File Declaration of Intention;
14.    Form N-336, Request for Hearing on a Decision in Naturalization;
15.    Form N-400, Application for Naturalization;
16.    Form N-470, Application to Preserve Residence for Naturalization Purpose;
17.    Form N-565, Application for Replacement Naturalization/Citizenship Document;
18.    Form N-600, Application for Certificate of Citizenship;
19.    Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322; and
20.    Biometric services fees in connection with any application or petition, regardless of whether it is listed above.

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