Fee waiver program

[bste3 0]

Is it possible to qualify for fee waiver for i-130 or i-485? If so, how would you know if you are eligible? Thanks

[CC90 90]

No.

[ceadsearc 516]

Not if you are adjusting based on an immediate relative. Fee waiver is for people who do not need I-864s, such as asylees.

[JimVaPhuong 4,863]

Not if you are adjusting based on an immediate relative. Fee waiver is for people who do not need I-864s, such as asylees.

This is correct. Any petition that requires a financial sponsor will not be eligible for a fee waiver. An I-485 is only eligible for a fee waiver if the underlying immigrant visa petition was eligible for and received a fee waiver. An I-360 would be eligible for a fee waiver. An I-130 would not.

The I-912 is the new fee waiver request form. Read the instructions for the I-912 to see what is and is not eligible for a fee waiver:

http://www.uscis.gov/files/form/i-912instr.pdf

[aguilayserpiente 2]

Is it possible to qualify for fee waiver for i-130 or i-485? If so, how would you know if you are eligible? Thanks

While I-485 is not one of the forms subject to automatic waiver upon the applicant meeting the criteria under 8 CFR §103.7(b), its fees are subject to discretionary waiver by the Director or Sub- Director. 8 CFR 103.7 (d). Subsection (d) provides in pertinent part:

(d) Exceptions and exemptions. The Director of USCIS may approve…exemptions

from any fee

required by

paragraph (b)(1)(i)

of this section or provide that the fee may be waived for a case or specific class of cases that is not otherwise provided in this section, if the Director determines that such action would be in the public interest and the action is consistent with other applicable law. This discretionary authority will

not be delegated to any official other than the USCIS Deputy Director

.

(emphasis added)

Cases online indicate that persons with exceptional circumstances have been granted waiver of the fee for I-485. While it may be tempting for some to react by saying that there is some sort of contradiction between the public charge requirement and the fee waiver, that is mistaken. Fee waiver requests are handled separately from the I-134 determination. A person making the minimum amount at the I-485 stage, 125% of the poverty line, may exhibit factors warranting waiver such as a) receiving a need based benefit, b) recent bankruptcy, c) non-recurring major expenses, d) medical expenses, e) disability, etc.

Processing time for the fee waiver request may be an issue. If the fee waiver request is submitted at the same time as the I-485, rejection of the fee waiver may mean that the I-485 will be returned to you for re-filing possibly taking you out of the period for filing for adjustment of status. Perhaps, making the request well in advance of the I-485 deadline may be appropriate.

[JimVaPhuong 4,863]

While I-485 is not one of the forms subject to automatic waiver upon the applicant meeting the criteria under 8 CFR §103.7(b), its fees are subject to discretionary waiver by the Director or Sub- Director. 8 CFR 103.7 (d). Subsection (d) provides in pertinent part:

(d) Exceptions and exemptions. The Director of USCIS may approve…exemptions

from any fee

required by

paragraph (b)(1)(i)

of this section or provide that the fee may be waived for a case or specific class of cases that is not otherwise provided in this section, if the Director determines that such action would be in the public interest and the action is consistent with other applicable law. This discretionary authority will

not be delegated to any official other than the USCIS Deputy Director

.

(emphasis added)

Cases online indicate that persons with exceptional circumstances have been granted waiver of the fee for I-485. While it may be tempting for some to react by saying that there is some sort of contradiction between the public charge requirement and the fee waiver, that is mistaken. Fee waiver requests are handled separately from the I-134 determination. A person making the minimum amount at the I-485 stage, 125% of the poverty line, may exhibit factors warranting waiver such as a) receiving a need based benefit, b) recent bankruptcy, c) non-recurring major expenses, d) medical expenses, e) disability, etc.

Processing time for the fee waiver request may be an issue. If the fee waiver request is submitted at the same time as the I-485, rejection of the fee waiver may mean that the I-485 will be returned to you for re-filing possibly taking you out of the period for filing for adjustment of status. Perhaps, making the request well in advance of the I-485 deadline may be appropriate.

The likelihood of an average person adjusting status based on an immediate relative petition and getting a fee waiver is close to nil. They don't forward all otherwise unapprovable fee waiver requests to the Deputy Director. Even getting the Deputy Director to become aware of your case would require extraordinary visibility.

USCIS standardized their fee waiver policy with the introduction of the I-912 form last year. I've never heard of them deviating from that policy since then. There's no harm in trying, except that it will almost certainly be denied and you'll have wasted your time.

[aguilayserpiente 2]

The likelihood of an average person adjusting status based on an immediate relative petition and getting a fee waiver is close to nil. They don't forward all otherwise unapprovable fee waiver requests to the Deputy Director. Even getting the Deputy Director to become aware of your case would require extraordinary visibility.

USCIS standardized their fee waiver policy with the introduction of the I-912 form last year. I've never heard of them deviating from that policy since then. There's no harm in trying, except that it will almost certainly be denied and you'll have wasted your time.

What is your evidence?

[JimVaPhuong 4,863]

What is your evidence?

The I-912 form instructions.