Form I-912, Request for Fee Waiver

Individuals requesting immigration benefits with U.S. Citizenship and Immigration Services (USCIS) may use Form I-912, Request for Fee Waiver, to request a fee waiver for certain applications, petitions and services based on a demonstrated inability to pay.

When filing Form I-912 with USCIS, you must establish a financial need. In other words, you must clearly demonstrate that you are unable to pay the USCIS fees. Generally, you must also be filing an application or petition that is covered by the fee waiver. A fee waiver is not available for all USCIS forms. There is an exception for certain individuals, particular victims of violence.

You may file Form I-912 to request a fee waiver for any of the following benefit requests or services:

• Biometric services fee, except for the biometric services fee required for a provisional unlawful presence waiver application (Form I-601A) filed under 8 CFR 212.7(e);
• Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of an Immigration Officer;
• Form I-90, Application to Replace Permanent Resident Card;
• Form I-129, Petition for a Nonimmigrant Worker, but only if you are an applicant for E-2 CNMI investor nonimmigrant status under 8 CFR 214.2(e)(23);
• Form I-131, Application for Travel Document, but only if you are applying for humanitarian parole;
• Form I-191, Application for Advance Permission to Return to Unrelinquished Domicile;
• Form I-192, Application for Advance Permission to Enter as Nonimmigrant, but only if you are an applicant who is exempt from the public charge grounds of inadmissibility;
• Form I-193, Application for Waiver for Passport and/or Visa, but only if you are an applicant who is exempt from the public charge grounds of inadmissibility;
• Form I-290B, Notice of Appeal or Motion, but only if your underlying application was fee exempt, the filing fee was waived, or it was eligible for a fee waiver;
• 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:
  • Special Immigrant Status based on an approved Form I-360 as an Afghan or Iraqi Interpreter, or Afghan or Iraqi National employed by or on behalf of the U.S. Government;
  • An adjustment provision that is exempt from the public charge grounds of inadmissibility of the Immigration and Nationality Act (INA) section 212(a)(4), such as the Cuban Adjustment Act, the Haitian Refugee Immigration Fairness Act, continuous residence in the United States since before January 1, 1972, (“Registry”), Asylum Status, Special Immigrant Juvenile Status, or similar provisions;

  You may apply for a fee waiver for ANY application or petition that is related to status in the following categories:

  You may also apply for a fee waiver for ANY application or petition that is related to status as a:

  • Battered spouses of A, G, E-3, or H nonimmigrants (such as Forms I-485, I-601 and I-212);
  • Battered spouse or child of a lawful permanent resident or U.S. citizen under INA section 240A(b)(2);
  • T nonimmigrant (such as Forms I-192, I-485, and I-601);
  • Temporary Protected Status (such as Forms I-131, I-821 and I-601);
  • U nonimmigrant (such as Forms I-192, I-485, and I-929); or
  • VAWA self–petitioner (such as Forms I-485, I-601 and I-212).
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  Fee Waiver Eligibility

  Who can file Form I-912?

  To qualify for a fee waiver, you must demonstrate that you are unable to pay the required fee. USCIS will generally review Form I-912 in three different steps. First, they will evaluate if you're receiving a means-tested benefit. If not, USCIS will also consider low income and financial hardships as qualifying factors for an immigration fee waiver.

  Means-Tested Benefits

  One of the easiest ways to demonstrate eligibility for a fee waiver (Form I-912) is to provide proof of receiving a means-tested benefit. It requires less work preparing the form and less supporting documentation. If you receive federal, state, or local benefits based on your income, it may qualify as a means-tested benefit.

  A means-tested benefit is a public benefit where a person’s eligibility for the benefit, the amount of the benefit, or both, is based on the person’s income and resources. USCIS will consider means-tested benefits that are federally, state, or locally funded and granted by the benefit agency. Examples of means-tested benefits include, but are not limited to:

  • Medicaid
  • Supplemental Nutrition Assistance Program (SNAP) [also known as food stamps]
  • Temporary Assistance to Needy Families (TANF)
  • Supplemental Security Income (SSI)
  • Children’s Health Insurance Program (CHIP)
  • Any other state or local benefits based on your income

  To qualify for a fee waiver based on a means-tested benefit, the evidence that you provide must demonstrate that you are currently receiving the means-tested benefit. This evidence can be in the form of a letter, notice, or other agency documents that indicate that the benefit is being received. Documentation must contain: (1) Your name (or the name of the person receiving the benefit); (2) The name of the agency granting the public benefit; (3) The type of benefit; and (4) An indication that the benefit is currently being received (for example, a recently dated letter or document with effective dates, date of renewal or period the approval ends, if available).

  If you are not sure, contact the agency that provides your benefits. Ask if the benefit you receive qualifies as a “means-tested benefit.”

  Low Income

  If you have low income or no income, you may also be able to qualify for a fee waiver. You'll need to show that your household's income is below 150 percent of the federal poverty guidelines. USCIS uses these guidelines, as provided by the U.S. Department of Health and Human Services, to make decisions about a person’s financial ability to pay the fees. If you provide sufficient documentation, USCIS will typically approve the request and no further information is required.

  The guidelines are based on household income, the number of people in your household, and the state where you live. If your income is below 150 percent of the federal poverty guidelines, you’ll also need to submit evidence with Form I-912. Supporting documents generally include income tax returns, but it may be possible to use other documentation if you don’t have tax returns.

  Financial Hardships

  Finally, you may also qualify for a fee waiver if you can demonstrate that you have a financial hardship due to extraordinary expenses or other circumstances affecting your financial situation to the point that you're unable to pay USCIS fees. A financial hardship may include, but is not limited to:

  • Medical expenses (for yourself or family members);
  • Unemployment;
  • Eviction;
  • Homelessness; or
  • Marital separation or divorce.

  Because USCIS will consider a financial hardship as a basis for a fee waiver, it’s possible for people who earn more than 150 percent of the federal poverty guidelines to qualify for Form I-912. If you believe you have special circumstances that warrant a fee waiver, a financial hardship basis may be appropriate.

  It will be necessary for you to demonstrate how this situation has caused you to incur costs or loss of income. In the request for a fee waiver, you’ll need to specify the dollar amounts of the expenses, debts, and income losses in as much details as possible.