Using Form I-912: Immigration Fee Waiver Request
U.S. Citizenship and Immigration Services (USCIS) charges fees to process most forms. Most of the agency’s funding comes through the fees it charges applicants and petitioners.
USCIS filing fees can become quite costly and are typically non-refundable. Fees charged by USCIS are on top of attorney fees and other incidental fees you may face such as the cost for making copies of important documents and the cost of obtaining certified translations of documents written in a foreign language.
Altogether, the cost of immigration services can feel overwhelming to some people. Fee waivers are not available for all USCIS forms, unfortunately. Under some circumstances though, a properly submitted fee waiver request can result in a green card fee waiver, a naturalization fee waiver, or even a fee waiver for green card renewals.
This guide will explain more about using Form I-912 including:
- Which forms are eligible for fee waivers
- Which statuses are eligible for fee waivers
Ask your immigration attorney if you may file an immigration fee waiver request using Form I-912, Request for Fee Waiver and to check your eligibility.
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Which USCIS Forms Are Eligible for Fee Waiver?
The following forms are among the most common forms eligible for a fee waiver:
Form I-90 to Replace Green Card
This is the form you would use to renew or replace your green card. Your attorney can let you know if you qualify for a fee waiver for a green card renewal or replacement.
If you must file this form because you never received your green card in the mail, you won’t have to pay the filing fee if all the following are true:
- They mailed it out over 30 days ago
- It was returned to them undelivered
- The address you provided them is still current.
You also won’t have to pay a fee if you file Form I-90 to correct a clerical error caused by Department of Homeland Security (DHS).
Form I-129 Petition for Nonimmigrant Worker
This is a form to petition for certain temporary workers to come to the Unites States. USCIS allows fee waivers for this form provided you are using it to apply for an extension of E-2 CNMI investor nonimmigrant status.
Form I-131 Application for Travel Document
If you need to apply for a travel document, this is the form you would use. If you need a travel document to apply for humanitarian parole, USCIS allows you to apply for a fee waiver.
Form I-193 Waiver of Passport and/or Visa
This form is used by legal residents of the U.S. to apply to reenter the country without their passport or visa. If you are exempt from the public charge grounds of inadmissibility, USCIS may approve your fee waiver for this form.
Form I-485 to Register Permanent Residence or Adjust Status
This form is used to apply for permanent resident status. It’s the application you file to get your green card. It’s usually filed after the approval of an immigrant visa. Sometimes it’s used to adjust status from that of a special nonimmigrant status to a lawful permanent resident.
You may request a fee waiver for this application if your application is based on an eligibility category that is exempt from the public charge grounds of inadmissibility. For example, if applying based on the Haitian Refugee Immigration Fairness Act or your status as an asylee, you may qualify for a green card fee waiver. Similarly, if you are adjusting your status based on “registry” for having maintained continuous residence in the country since before Jan. 1, 1972, you may also qualify for a green card fee waiver.
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Form I-601 Application for Waiver of Grounds of Inadmissibility
If you’re considered inadmissible to the U.S. based on a certain ground of inadmissibility, your immigration attorney may suggest that you apply for a waiver asking that they allow you into the country despite that ground of inadmissibility. Provided you are exempt from the public charge grounds of inadmissibility, you may qualify for a fee waiver for this form.
Form I-751 to Remove Conditions on Residence
Early in a marriage, USCIS wants to make sure that your green card marriage is bona fide. Officials place conditions on the green card at first unless you’ve already been married for over two years. This is the form that is used to ask USCIS to remove the conditions on your green card. You may be able to apply for a fee waiver when filing this form.
Form I-765 Employment Authorization
This form is used to apply for an Employment Authorization Document. Unless you are filing for a work permit under DACA, you may qualify for a fee waiver.
Form I-821 Temporary Protected Status
This is the form used to apply for Temporary Protected Status (TPS). You might be eligible for TPS if you are from a country that DHS has designated as temporarily too dangerous to go back to. DHS maintains an online list of countries designated for TPS purposes. USCIS allows TPS applicants to apply for a fee waiver.
Form N-400 Application for Naturalization
Naturalization in the process of applying to become a citizen. This form is used to apply for U.S. citizenship. While USCIS provides for a fee reduction for those applying for citizenship with incomes between 150% and 400% of the federal poverty guidelines, applicants are also allowed to apply for a naturalization fee waiver as well.
Form N-565 to Replace Citizenship Document
This form is used to request a replacement of a naturalized citizen’s document proving citizenship. USCIS allows you to request a fee waiver to file this form if you are unable to pay due to financial hardship.
Form N-600 Certificate of Citizenship
This form is used to apply for a Certificate of Citizenship. Children of U.S. citizens born abroad are automatically citizens, but when a birth certificate lists a foreign location, you may need proof that you are a citizen through your parent.
This form is also used by people who automatically became citizens by operation of law after they were born but before they became adults. If you’re experiencing financial hardship, but you need to apply for your Certificate of Citizenship so that you can prove that you are a U.S. citizen, you may request a fee waiver.
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Which Immigration Statuses Are Eligible for a Fee Waiver?
USCIS allows you to apply for a fee waiver for any petition or application that is related to your status if you have any of the following immigration statuses:
- Battered spouse of an A nonimmigrant
- Battered spouse of a G nonimmigrant
- Battered spouse of an E-3 nonimmigrant
- Battered spouse of an H nonimmigrant
- Battered spouse of a green card holder or U.S. citizen
- Battered child of a green card holder or U.S. citizen
- T nonimmigrant
- TPS recipient
- U nonimmigrant
- VAWA self-petitioner
Save Money in the Long Run with an Experienced Immigration Attorney
If you qualify for a fee waiver, your attorney will efficiently prepare any necessary Form I-912s. Some forms are free to file and won’t require a Form I-912. If you didn’t see your form listed in this guide, know that it is not a comprehensive list of every form and situation that may qualify for a fee waiver.
At Warren Law Firm, we understand that the costs involved with gaining immigration benefits is high, especially when filing fees are compounded with incidental fees and attorney fees. Still, it’s important to note that the charges you would accrue from having to repair mistakes or appeal a denial caused by an inexperienced attorney or unlicensed advocate are not worth their initial savings. A skilled immigration attorney will work efficiently and give you the proper advice from the beginning.
We encourage you to schedule a consultation with us before you begin the process of filing any applications or petitions so that you will have someone with a proven track record to represent your best interests at every step.