Guide to Form I-912, Request for Fee Waiver (2024)

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Form I-912 Explained

What is 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;
  • Form I-539, Application to Extend/Change Nonimmigrant Status, but only if you are an applicant with any benefit request as specified by INA section 245(l)(7) or an applicant for E-2 Commonwealth of the Northern Mariana Islands (CNMI) investor nonimmigrant status under 8 CFR 214.2(e)(23);
  • Form I-601, Application for Waiver of Grounds of Inadmissibility, but only if you are an applicant who is exempt from the public charge grounds of inadmissibility of INA section 212(a)(4);
  • Form I-694, Notice of Appeal of Decision Under Sections 245A or 210 of the Immigration and Nationality Act, if your underlying application or petition was fee exempt, the filing fee was waived, or was eligible for a fee waiver;
  • Form I-751, Petition to Remove Conditions on Residence;
  • Form I-765, Application for Employment Authorization, unless you are filing under category (c)(33), Deferred Action for Childhood Arrivals (DACA);
  • Form I-817, Application for Family Unity Benefits;
  • Form I-821, Application for Temporary Protected Status;
  • Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal;
  • Form N-300, Application to File Declaration of Intention;
  • Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings;
  • Form N-400, Application for Naturalization;
  • Form N-470, Application to Preserve Residence for Naturalization Purposes;
  • Form N-565, Application for Replacement of Naturalization/Citizenship Document;
  • Form N-600, Application for Certification of Citizenship; and
  • Form N-600K, Application for Citizenship and Issuance of Certificate under Section 322.

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).

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 circ*mstances 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 circ*mstances 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.

Form I-912 Instructions

How do I fill out the fee waiver request?

General Guidance

  • Type or print answers in black ink only.
  • Enter “N/A” if an answer is not applicable and "NONE" if your answer is zero.
  • Foreign language documents must be accompanied by a full English certified translation.
  • Submit photocopies for all supporting documents unless an original document is specifically required.

Parts 1, 2, and 3

  • For Basis for Your Request, indicate how you may qualify for a fee waiver based on the eligibility criteria described above. You may select more than one option if you believe you qualify.
  • For Information About You, provide your name and other details such as alien registration number and Social Security number. Make sure this information is consistent with the information that you provide on the primary application or petition.
  • For Applications and Petitions for Which You are Requesting a Fee Waiver, provide the full name and details for each person and form you are requesting a fee waiver. If you are only requesting a single fee waiver for yourself, provide your information. However, you may include other family members who are requesting the fee waiver at the same time.

Parts 4, 5, and 6

  • For Means-Tested Benefits, fill out this section only if you selected Part 1, Item 1. Provide the name of any person in the household who is receiving a means-tested benefit and all other details.
  • For Income at or Below 150 Percent of the Federal Poverty Guidelines, fill out this section only if you selected Part 1, Item 2. Provide details regarding your household members, your income, and income from any other household members. Confirm that your household income is below 150 percent of the federal poverty guidelines.
  • For Financial Hardship, fill out this section only if you selected Part 1, Item 3. If you or any family members have a situation that has caused you to incur expenses, debts, or loss of income, describe the situation. Be specific about the amounts. Provide information about any other assets you own that may be converted to cash.

Parts 4, 5, and 6

  • For Requestor's Statement, provide the requested information and important contact information so that USCIS may contact you during the process. Sign your request with black ink.
  • For Family Members' Signatures, if you identified family members in Part 3, those persons should sign and date here with black ink.
  • For Interpreter and Preparer, provide information if applicable. If you prepared your Form I-912, it’s only necessary to sign as the “requestor.” If another person translated or prepared the form for you, be sure Parts 9 and 10 are filled in and signed appropriately.

This is an abbreviated list of Form I-912 instructions. Download the USCIS instructions for more detailed directions.

Where to File

Where to mail Form I-912?

Currently, requestors cannot file Form I-912 online. If you are requesting a fee waiver, you must file a paper version of the form along with the application or petition for which you are requesting a fee waiver.

To file your completed Form I-912, attach it and all supporting documentation to the application or petition for which you are requesting a fee waiver. For example, if you are requesting a fee waiver for Form N-400, Application for Naturalization, you must mail your Form N-400, Form I-912, and supporting documentation to the address listed in the Form N-400 instructions.

Do not submit your Form I-912 without a completed application or petition. For example, if you are requesting a fee waiver for Form N-400, you cannot submit Form I-912 after USCIS receives your Form N-400.

Frequently Asked Questions

Applicants who qualify for a fee waiver may use it more than once. For example, a permanent resident whose green card expired may need to use a single Form I-912 to request a fee waiver for both Form I-90 (to renew the green card) and Form N-400 (to apply for citizenship).

CitizenPath doesn't currently have a service to help you prepare a request for a fee waiver. If you would like personal assistance, free or reduced cost legal services may be available from these organizations:

How CitizenPath Helps You

Why is immigration so complicated?

CitizenPath's affordable, online service makes it easy to prepare USCIS immigration forms. Designed by immigration lawyers, the award-winning service helps you eliminate the common errors that create delays, rejections and even denials. That's because the service alerts you when your answer to a question may be a problem. You'll also get customized filing instructions based on your situation. It's a powerful, do-it-yourself tool that puts you in control. And we've got your back. CitizenPath provides live customer support and provides a money-back guarantee that USCIS will approve your application.

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