Instructions TOC

I912-INS-TOC-OMBReview-04152016.docx

Request for Fee Waiver

Instructions TOC

OMB: 1615-0116

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TABLE OF CHANGES – INSTRUCTIONS

Form I-912, Request for Fee Waiver

OMB Number: 1615-0116

04/15/2016


Reason for Revision: Clarifications needed on “head of household” and flow of information and removing repetitious information.


Current Section and Page Number

Current Text

Proposed Text

Page 1,

Introduction

[Page 1]


Introduction


U.S. Citizenship and Immigration Services (USCIS) is funded largely by application, petition and biometrics services fees. Waiving a fee transfers the cost of processing applications and petitions to others through higher fees. However, we recognize that some individuals may not be able to pay the fees. If you want USCIS to consider waiving the fee for your application, petition, or biometrics services, follow the instructions below to complete Form I-912, Request for Fee Waiver. When you request a fee waiver, you must clearly demonstrate that you are unable to pay the fee. USCIS officers will evaluate all factors, circumstances, and evidence supplied in support of a fee waiver request when making a final determination. Each case is unique and will be considered on its own merits.


For further guidance on fee waiver requests, visit our Web site at: www.uscis.gov/feewaiver.


[Page 1]


What is the purpose of Form I-912


You may request a fee waiver if you are unable to pay the filing fees or biometric services fees for an application or petition that is eligible for a fee waiver. When you request a fee waiver, you must clearly demonstrate that you are unable to pay the fees.















You can find the list of applications and petitions that are eligible for a fee waiver at www.uscis.gov/I-912 or refer to 8 CFR 103.7(c)(3). For filing tips and additional information, see www.uscis.gov/feewaiver.


You do not need to submit Form I-912 for an application or petition that does not require a filing fee or if you qualify for a fee exemption based on your immigration status. Refer to the Instructions for each application or petition to see whether you are exempt from paying the fees.


Pages 1-2,

Which Applications and Petitions Will USCIS Consider for a Fee Waiver?




Which Applications and Petitions Will USCIS Consider for a Fee Waiver?












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


17. Biometric services fees in connection with any application or petition, regardless of whether it is listed above, except if filing Form I-765, under the category for (c)(33), Deferred Action for Childhood Arrivals.






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 (Under Section 212(d)(3)(A)(ii) of the Immigration and Nationality Act (INA)). The fee for Form I-192 can only be waived for an alien who is not subject to a determination of his or her likelihood of becoming a public charge under section 212(a)(4) of the INA; and for individuals with any benefit request as specified by section 245(1)(7) of the INA;







4. Form I-290B, Notice of Appeal or Motion. The fee for Form I-290B can be waived only if the underlying application or petition was fee exempt, the fee was waived, or it was eligible for a fee waiver;


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:


f. 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.


e. 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, continuous residence in the United States since before January 1, 1972, ("Registry"), or similar provision; and




a. "T" nonimmigrant status (victim of human trafficking) or "U" nonimmigrant status (victim of certain crimes who has assisted in an investigation or prosecution);


b. Asylum status in the United States;


c. Approved status as a battered or abused spouse, child, or parent of a U.S. citizen or lawful permanent resident;


d. Special Immigrant Juvenile status based on an approved Form I-360, Petition for Amerasian, Widow(er), or

Special Immigrant;




6. Form I-539, Application to Extend/Change Nonimmigrant Status, for individuals with any benefit request as specified by section 245(l)(7) of the INA;



















7. Form I-751, Petition to Remove Conditions on Residence;


8. Form I-765, Application for Employment Authorization, except if filing under category (c)(33), Deferred Action for

Childhood Arrivals;


9. Form I-817, Application for Family Unity Benefits;









10. Form N-300, Application to File Declaration of Intention;


11. Form N-336, Request for Hearing on a Decision in Naturalization Procedures Under Section 336 of the INA;


12. Form N-400, Application for Naturalization;


13. Form N-470, Application to Preserve Residence for Naturalization Purpose;


14. Form N-565, Application for Replacement Naturalization/Citizenship Document;


15. Form N-600, Application for Certificate of Citizenship;


16. Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322; and






































Some applications and petitions do not require a fee at all, and so it is unnecessary to file a Form I-912. Other USCIS applications and petitions have fee exemption requirements for certain types of applicants and petitioners. In these cases, the fee exemption is outlined on the particular USCIS form and instructions and submission of a separate Form I-912 is not required. Consult our Web site for the instructions and fees for specific USCIS applications and petitions at: www.uscis.gov.


[Page 1]


Forms Eligible for Fee Waiver



Below is a list of applications and petitions U.S. Citizenship and Immigration Services (USCIS) will consider for a fee waiver and the conditions that must be met to be eligible for a fee waiver. Under current fee waiver regulations, USCIS can only approve fee waivers for certain forms or certain filings of a particular form type, when fee waiver requirements are met.


You may file this form to request a fee waiver for any of the following benefit requests or services:


1. 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);

2. Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of an Immigration Officer;

3. Form I-90, Application to Replace Permanent Resident Card;

4. 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);

5. Form I-131, Application for Travel Document, but only if you are applying for humanitarian parole;

6. Form I-191, Application for Advance Permission to Return to Unrelinquished Domicile;

7. 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;







8. 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;

9. 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;

10. 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:


A. 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;

B. 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;

[delete]
















[Page 2]


11. 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);

12. 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);

13. 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;

14. Form I-751, Petition to Remove Conditions on Residence;

15. Form I-765, Application for Employment Authorization, unless you are filing under category (c)(33), Deferred Action for Childhood Arrivals (DACA);

16. Form I-817, Application for Family Unity Benefits;

17. Form I-821, Application for Temporary Protected Status;

18. Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal;

19. Form N-300, Application to File Declaration of Intention;

20. Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings;


21. Form N-400, Application for Naturalization;

22. Form N-470, Application to Preserve Residence for Naturalization Purposes;

23. Form N-565, Application for Replacement of Naturalization/Citizenship Document;

24. Form N-600, Application for Certification of Citizenship; and

25. 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:


1. Battered spouses of A, G, E-3, or H nonimmigrants (such as Forms I-485, I-601 and I-212);

2. Battered spouse or child of a lawful permanent resident or U.S. citizen under INA section 240A(b)(2);

3. T nonimmigrant (such as Forms I-192, I-485, and I-601);

4. Temporary Protected Status (such as Forms I-131, I-821 and I-601);

5. U nonimmigrant (such as Forms I-192, I-485, and I-929); or

6. VAWA self–petitioner (such as Forms I-485, I-601 and I-212).


You may not file Form I-912 if you are requesting consideration DACA. There are no fee waivers for DACA. Fee exemptions will be available in limited circumstances. See the Deferred Action for Childhood Arrivals Fee exemption at www.uscis.gov/forms/forms-and-fees/guidance-exemption-fee-form-i-765-filed-request-consideration-deferred-action-childhood-arrivals for more details.


You do not need to file Form I-912 for applications and petitions that do not require a filing fee. Other USCIS applications and petitions have fee exemption requirements for certain types of applicants and petitioners. In these cases, the USCIS form and instructions will outline the fee exemption and submission of a separate Form I-912 is not required. If your form is not listed, please see the specific form instructions for additional information or call the USCIS National Customer Service Center at 1-800-375-5283.


New


[Page 3]


How to File Form I-912


You must file this fee waiver request with all applications and petitions for which you are requesting a fee waiver. You do not have to file a separate Form I-912 for the filing fee and the biometric services fee. If USCIS approves your Form I-912, we will waive both the filing fee and biometric services fee.


You may file one Form I-912 for all family-related applications or petitions filed at the same time. For example, if you file Form I-765, Application for Employment Authorization, and your spouse and children are filing separate Form I-765s at the same time, you only need to file one Form I-912 for all Form I-765s. You must send all forms together.


Pages 5-6,

General Instructions

[Page 5]


General Instructions
















Each request must be properly signed and filed. A photocopy of a signed request or a typewritten name in a place of a signature is not acceptable.







A request is not considered properly filed until accepted by USCIS.


Evidence. You must submit all required initial evidence and any supporting documentation with your request at the time of filing.


Copies. Unless specifically required that an original document be filed with a request, a legible photocopy may be submitted. Original documents submitted when not required may remain a part of the record and will not be automatically returned to you.







[Page 6]


Translations. Any document containing foreign language submitted to USCIS must be accompanied by a full English language translation which the translator has certified as complete and accurate, and by the translator's certification that he or she is competent to translate from the foreign language into English.


How to Fill Out Form I-912


1. Type or print legibly in black ink.


3. Answer all questions fully and accurately. If an item does not apply to you, write "N/A" unless the instructions direct you to do something else. If the answer is none, write "None."


2. If extra space is needed to complete any item, attach a continuation sheet, write your name and Alien Registration Number (A-Number) (if any), at the top of each sheet of paper, indicate the Part and Item Number to which your answer refers, and date and sign each sheet.


[Page 3]


General Instructions


USCIS provides all forms free of charge. The latest versions are available at www.uscis.gov/forms. In order to best view, print, or fill out our forms, you should use the latest version of Adobe Reader, which you can download for free at get.adobe.com/reader. If you do not have Internet access or have questions about this request, you may call the USCIS National Customer Service Center at 1-800-375-5283 and ask that we mail a form to you. For TTY (deaf or hard of hearing) call: 1-800-767-1833.


Signature. Each request must be properly signed and filed. For all signatures on this request, USCIS will not accept a stamped or typewritten name in place of a signature. If you are under 14 years of age, your parent or legal guardian may sign the request on your behalf. A legal guardian may also sign for a mentally incompetent person.


[Deleted]



Evidence. At the time of filing, you must submit all evidence and supporting documentation required under the Specific Instructions section of these Instructions.


Copies. You may submit legible photocopies of documents requested, unless these Instructions specifically state that you must submit an original document. USCIS may request an original document at the time of filing or at any time during processing of an application, petition, or request. If you submit original documents when not required, the documents may remain a part of the record, and USCIS will not automatically return them to you.





Translations. If you submit a document with information in a foreign language, you must also submit a full English translation. The translator must sign a certification that the English language translation is complete and accurate, and that he or she is competent to translate from the foreign language into English.


How To Fill Out Form I-912


1. Type or print legibly in black or dark blue ink. If a section does not apply to you, type or print “N/A,” which stands for “not applicable.” Fully and accurately answer all questions that apply to the basis for your request.



2. If you need extra space to complete any item within this request, use the space provided in Part 11. Additional Information. You may also attach as many separate sheets of paper as needed; type or print your name and Alien Registration Number (A-Number) (if any) at the top of each sheet and indicate the Page Number, Part Number, and Item Number to which your answer refers.


Pages 6-7,

Specific Instructions


And


Pages 2-5,

Fee Waiver Request Review Process

[Page 6]


Specific Instructions


Section 3. Basis for Your Request


This choice relates to you, the person named in Section 1.


Line 7. a. If you or a relevant member of your household is currently receiving a means-tested benefit, check "7.a." and attach documentation. Please complete Sections 4 and 7 of the form. See STEP 1, Question 2 to determine if you can include information on other members of your household who may be receiving a means-tested benefit.


Line 7. b. If your household income is at or below 150% of the Federal Poverty Guidelines, check "7.b." and attach documentation. Complete Sections 5 and 7 of the form.


Line 7. c. If you have a financial hardship, check "7.c." and attach documentation. Complete Sections 5, 6, and 7 of the form.



Section 1. Information About You



This section is for the person who needs the fee waiver. If you are applying on behalf of a minor child, provide information about the minor child in this section. If you have dependents whose applications or petitions are part of the fee waiver request, provide additional information in Section 2.





If you have two last names, include both in the Family Name box and use a hyphen (-) if appropriate.





Line 1. a. Family Name (Last Name). Line 1. b. Given Name (First Name). Line 1. c. Middle Initial.






Line 2. Alien Registration Number. Enter your A-Number. If you do not have an A-Number, enter "N/A."


















Line 3. Date of Birth. Enter your date of birth as "mm/dd/yyyy." For example, enter May 1, 1979, as 05/01/1979.







Line 4. Marital Status. Select "Never Married," "Divorced," "Marriage Annulled," "Married," "Widow(er)," or

"Legally Separated."



Line 5. Applications and Petitions. Enter the form number(s) of the application(s) and/or petition(s) for which you are requesting a fee waiver. The fee waiver request includes the biometrics services fee, where applicable.






Section 2. Additional Information for Dependent(s)


Line 6. Provide the requested information for each dependent. This can include your spouse, children, legal wards and parents.



[Page 7]


Section 4. Means-Tested Benefit


[Page 2, Fee Waiver Request Review Process]


1. What is a means-tested benefit and what effect does it have on my eligibility for a fee waiver?











a. A means-tested benefit is a public benefit where a person's eligibility for the benefit, or the amount of such benefit, or both, are determined on the basis of the person's income and resources, including those that may lawfully be deemed available to the person by the benefit-granting agency. Means-tested benefits may be either federally or state funded. For purposes of this fee waiver request only, USCIS will consider federal public benefits that you are receiving based on your means, regardless of whether the benefit is funded under the benefit-granting agency's mandatory or discretionary spending programs. In other words, the benefit does not need to have been specifically designated by the benefit-granting agency as a "federal means-tested benefit" for purposes of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, P.L. 04-193, but your eligibility for the benefit must still depend on your income and other resources available to you. State agencies may assist in the local administration of federal means-tested public benefits.


b. Examples of means-tested benefit programs are Medicaid, Food Stamps (now a part of the "Supplemental

Nutrition Assistance Program" or "SNAP" benefits), Temporary Assistance to Needy Families (TANF), and Supplemental Security Income (SSI), among others. These benefits have been designated as such for PRWORA purposes, however, there are also other federal public benefits that you may be receiving which are also "means- tested," but that are funded by the benefit-granting agency's discretionary spending programs. USCIS will consider your receipt of these benefits in determining your eligibility for a fee waiver. Please consult with your benefit-granting agency or your legal advisor to determine whether any federal public benefit that you are receiving qualifies as a benefit for which your eligibility is determined based on your "means".


c. States may also provide eligible individuals with state-funded public benefits where a person's eligibility for the benefit, the amount of the benefit, or both, are determined by the person's income and resources, including those that the state benefit-granting agency lawfully deems available to the person. Such benefits may also be considered "means-tested" benefits for purposes of this fee waiver request.


d. If you are receiving a means-tested benefit when you file Form I-912, we will consider you eligible for a fee waiver.


e. You must provide evidence that you are currently receiving a means-tested benefit. This evidence should be in the form of a letter, notice, and/or other official document(s) containing the name of the agency granting you the public benefit. The document(s) submitted must show the name of the recipient of the means-tested benefit and the name of the agency awarding the benefit.





















[Page 7, Specific Instructions]





Line 8. In the space provided, enter the name of the person receiving the benefit, the name of the agency awarding the benefit, the date the benefit was awarded, and whether the person is currently receiving the benefit.


2. Can other members of the family use the means-tested benefit as support for a fee waiver if not specifically identified in the evidence supporting the benefit?


a. If an applicant is receiving a means-tested benefit, then the spouse of the applicant will normally qualify for a fee waiver on that basis.






c. If a child or grandchild is receiving a means-tested benefit, parents or other family members will not necessarily qualify for a fee waiver.























b. If a parent is receiving a means-tested benefit, then his or her unmarried children under 21 years of age living with him or her will normally qualify for a fee waiver on that basis.


d. If an elderly parent living with his or her adult child is receiving SSI, the adult child cannot use this as evidence of eligibility for a fee waiver.


e. If you are not receiving a means-tested benefit, or do not want USCIS to consider receipt of a means-tested benefit in determining your eligibility for a fee waiver, we will look at the income level of your household and compare it to the Federal Poverty Guidelines.


If you listed a means-tested benefit and have evidence to support your claim, you may go directly to Section 7.


















































[Page, 7, Specific Instructions]




Line 13. If you are currently unemployed, enter the date that you became unemployed.



Line 14. If you are currently unemployed, enter the monthly dollar amount of unemployment compensation that you are receiving.

















































[Page 4, Fee Waiver Request Review Process]


(1) You;


3. Whom should I include when determining my household size?




a. If available, the members of your household should be identified on your Federal tax return.




b. If a Federal tax return has not been filed, or is not available, the following members of the household should be identified and included in determining size:








(2) Your spouse; and




(3) The following family members:





(a) Your children or legal wards, who are unmarried and under 21 years of age, and who live with you;


(b) Your children or legal wards, who are unmarried and are over 21 years of age but under 24 years of age, are full-time students, and who live with you when not at school; and/or


(c) Your children or legal wards, who are unmarried and for whom you are the legal guardian because they are physically or mentally disabled to the extent that they cannot adequately care for themselves and cannot establish, maintain, or re-establish their own household.



(4) If your parents live with you, they can also be included as members of the household when determining size.






[Page 7, Specific Instructions]


Section 5. Household Income


Line 9. Other than you, how many others in your household depend on the stated income?


Line 10. Take your household wage income for the previous 12-month period and divide by 12, and enter the amount as your household's average monthly wage income.












[Page 3, Fee Waiver Request Review Process]


2. What evidence do I need to provide concerning household income?


You will have to document your household size and income. Household income includes all forms of income and financial assistance. Evidence may include:


a. A copy of your most recent Federal tax return;


b. If Federal tax returns are not filed, or do not properly reflect current income, submit copies of pay check stubs for a minimum of the past month, or statement(s) from your employer(s) on business stationery showing salary or wages paid.




[Page 4, Fee Waiver Request Review Process]


6. What if I am a full-time college or vocational student?


a. If you are a student under 24 years of age, and over 21 years of age and unmarried, and can be claimed as a dependent on your parent's Federal tax return, you can file a fee waiver request. You should provide a copy of your parent's Federal tax return along with your Federal tax return as supporting documentation.





b. If you are a student and are not claimed as a dependent on your parent's Federal tax return, the fee waiver request will be based on your income only. You should provide a copy of your Federal tax return as supporting documentation.






7. What if I am recently unemployed and my last year's Federal tax return shows my household income above 150% of the Federal Poverty Guidelines? If you are recently unemployed, you may not be able to show that your annual income is at or below 150% of the Federal Poverty Guidelines based on your most recent Federal tax return. See STEP 3.



8. What if I cannot provide evidence of income?


Please refer to STEP 3 for guidance on evidence to provide.


[Page 3, Fee Waiver Request Review Process]


If you do not have any income, or cannot provide evidence of income, please describe your particular situation in

Section 6 of Form I-912.











9. What if I am filing on behalf of, or as a Special Immigrant Juvenile (SIJ)?


The fee waiver request should be supported by one of the forms of evidence listed below:


c. An approval notice on a Form I-797, Notice of Action, for a Form I-360, filed for the SIJ.






a. A recent state or juvenile court order establishing dependency or custodial assignment of the SIJ;


b. A letter from a foster care home or similar agency overseeing the SIJ's custodial placement that describes the

SIJ's inability to pay; or







5. If I am separated, do I need to count my spouse in my household size and include their income as part of my household income?








a. If you are legally separated, you do not need to include your spouse in your family size. However, be sure you include in your household income any support that your spouse provides to your household.



b. Persons applying for immigration benefits under the provisions of the Violence Against Women Act (VAWA), and those applying for T or U Visas under the Victims of Violence and Trafficking Protection Reauthorization Act, should not provide spouse's income.
















































Line 11. Enter other money received each month that is not included in Line 14. This could include spousal support, child support, unemployment compensation, etc.









































USCIS will compare the Total amount to the Federal Poverty Guidelines.

































[Page, 7, Specific Instructions]


Section 6. Financial Hardship


Line 12. In the space provided, describe your particular situation. Be sure to include how this situation has caused you to incur costs (and what the costs were) or loss of income that you have experienced (and what that loss was). If you need additional space, attach a separate sheet of paper. Complete this section in English; otherwise, provide an accompanying English translation.








Line 15. In the space provided, enter the type(s) of asset(s) you have, the dollar value of those asset(s), and the total dollar value of your asset(s). If you need additional space, attach a separate sheet of paper.















Line 16. In the space provided, enter your average monthly costs for the categories provided. Provide evidence of monthly payments where possible. If you need additional space, attach a separate sheet of paper.
















Section 7. Your Signature and Authorization



Line 17. After you read the release statement, sign and date Form I-912. By doing this, you take full responsibility for the accuracy of all the information provided, including all supporting documentation. You also authorize the release of any information, including the release of your Federal tax returns, that USCIS needs to determine your eligibility.








NOTE: Each person applying for a fee waiver must sign and date Form I-912.


a. If you are at least 14 years of age or older, you must sign and date Form I-912.


b. Your parent or legal guardian may sign and date Form I-912 for you if you are under 14 years of age.


c. Your parent or legal guardian may also sign and date Form I-912 for you if you are unable to sign because you are not mentally competent to manage your own affairs, no matter what your age.


[Page 3]


Specific Instructions


Part 1. Basis for Your Request


Item Numbers 1. - 3. Select a basis for your request. You are not required to complete the entire section of this request. Rather, select one basis or more for which you may qualify and complete the corresponding section as explained below in Parts 4., 5., and 6.


















Part 2. Information About You (Requestor)


[Deleted]









[Page 4]


Item Number 1. Full Name. Provide your full name. If you have two last names, include both in the Family Name box and use a hyphen (-) if appropriate. If you do not have a middle name, type or print “N/A.”


[Deleted]




Item Number 2. Other Names Used (if any). Provide all other names you have used, including your maiden name.


Item Number 3. Alien Registration Number (A-Number) (if any). An A-Number is a number assigned by USCIS or the former Immigration and Naturalization Service (INS). People with A-Numbers can locate the number on their USCIS-issued or INS-issued documentation. If the intending immigrants you are sponsoring were not previously in the United States or were only in the United States as tourists, they may not have A-Numbers.


Item Number 4. USCIS ELIS Account Number (if any). If you were issued a USCIS Electronic Immigration System (USCIS ELIS) Account Number, enter it in the space provided. The USCIS ELIS Account Number is not the same as an A-Number.


Item Number 5. Date of Birth (mm/dd/yyyy). Provide your date of birth in mm/dd/yyyy format. For example, enter May 1, 1979, as 05/01/1979.


Item Number 6. U.S. Social Security Number (if any). Provide your U.S. Social Security number.


Item Number 7. Marital Status. Indicate your current marital status.





Part 3. Applications and Petitions for Which You are Requesting a Fee Waiver


Item Number 1. Complete the table for yourself and each person requesting a fee waiver with you. Provide the form numbers and the total number of applications and petitions for which you and any family members are requesting a fee waiver.


[Deleted]










Part 4. Means-Tested Benefits





[Deleted]




Item Number 1. If you, your spouse, or the head of household living with you receives a means-tested benefit, complete the table. You must attach supporting documentation. If you provide sufficient proof that you receive a means-tested benefit, your fee waiver will generally be approved.


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 benefit programs are Medicaid, Supplemental Nutrition Assistance Program (known as “SNAP” and formerly called Food Stamps), Temporary Assistance to Needy Families (TANF), and Supplemental Security Income (SSI), among others. Consult with your benefit-granting agency or your legal advisor to determine whether any Federal, state, or local public benefit that you may receive qualifies as a means-tested benefit.


For the purposes of determining an inability to pay the filing fee of the petition or application, the following are not considered means-tested benefits: Medicare; unemployment benefits; Social Security retirement benefits; Social Security Disability Insurance (SSDI); Social Security Retirement, Survivors, and Disability Insurance (RSDI); or student financial aid.


[Deleted]


























1. Individual Receipt of a Means-Tested Benefit


A. The individual may demonstrate that he or she is personally receiving a means-tested benefit.


B. If a child is the sole applicant, he or she may provide an individual means-tested benefit or a custodial parent’s means-tested benefit, if living in the same household.


C. If multiple children are filing at the same time, each child must have an individual receipt of a means-tested benefit or be under the parent’s household who is receiving a means-tested benefit.





2. Family Members’ Means-Tested Benefits


[Deleted]












A. Your spouse and unmarried children under 21 years of age living with you will normally qualify for a fee waiver as part of your household if you are receiving means-tested benefits.



[Page 5]


B. If your spouse is receiving a means-tested benefit, you will normally qualify for a fee waiver as long as you are residing with your spouse and are not legally separated.


C. You may not use a means-tested benefit received by a child or household member, other than a spouse, as the basis for eligibility in Part 4. Means-Tested Benefits, but you may use it to support a fee waiver request in Part 5. Income at or Below 150 Percent of the Federal Poverty Guidelines or under Part 6. Financial Hardship if the award letter or benefit approval document indicates the total household income.


D. If you are 21 years of age or older, you cannot use a parent’s means-tested benefits (such as SSI), even if the parent is living with you, as evidence of your eligibility for a fee waiver. However, you may use this information to support a fee waiver request in Part 5. Income at or Below 150 Percent of the Federal Poverty Guidelines or under Part 6. Financial Hardship if the award letter or benefit approval document indicates the total household income and you are otherwise eligible under those criteria.


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3. Documentation


A. To qualify for a fee waiver, 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.


B. 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).


C. If the documentation is more than 12 months old and the benefit is still being received, provide additional evidence that shows the benefit is currently being received.


Part 5. Income at or Below 150 Percent of the Federal Poverty Guidelines


To qualify for the fee waiver, your household income must be at or below 150 percent of the Federal Poverty Guidelines, at the time of filing, based on your household size. The Federal Poverty Guidelines are established by the Secretary of the Department of Health and Human Services annually. To obtain information on the current Federal Poverty Guidelines, visit our Web site at www.uscis.gov/I-912P and review Form I-912P, Poverty Guidelines for Fee Waiver Request.




Your Employment Status


Item Number 1. Employment Status Indicate your current employment status. If you are both employed and a student, select Other and provide an explanation.


Item Number 2. Indicate if you are currently receiving unemployment benefits. If applicable, provide the date that you became unemployed and include the total amount of unemployment benefits you have received in Item Number 7.


Information About Your Spouse


Item Number 3. Indicate whether your spouse is living with you. If your spouse lives with you, list your spouse in the table provided in Item Number 4. If applicable, indicate whether your spouse provides any financial support to your household. If your spouse provides any financial support to your household, include any contributions that your spouse provides to your household in Item Number 7.


Your Household Size


Item Number 4. Indicate whether you are providing the primary financial support for your household.


Complete the table with the information requested about the members of your household including their names, dates of birth, relationship to you, whether the person is married, whether the person is a full-time student, and whether the person earns income counted towards household income.



[Page 6]


For the last column (Is any income earned by this person counted towards the household income?), select yes if income is received consistently or regularly as wages or salary from these household members’ employment or business.


At the end of the table, provide the total number of household members. Include the following people, who are dependent on your income, your spouse’s income, or the head of household’s income, as part of your household size:





1. You;


2. The head of your household (if not you). If the child is applying individually, provide the information of the primary custodial parent;


A. You are the head of household if you filed the most recent Federal tax return for your household (includes filing as head of household) or earned the majority of the income for your household.


B. If you are not the head of household, the head of household is the person who filed the most recent Federal tax return on which you are listed as a dependent or the person who provides the majority of your household’s income. If you already have or are applying for Special Immigrant Juvenile (SIJ) classification, do not include any foster or group home household members.


3. Your spouse, if living with you (if you are separated or your spouse is not living with you, do not include your spouse); or


4. Any family members living in your household who are dependent on your income, your spouse’s income, or the head of household’s income, including:


A. Your children or legal wards who are unmarried and under 21 years of age, and who live with you;


B. Your children or legal wards who are unmarried, are over 21 years of age but under 24 years of age, are full-time students, and who live with you when not at school;


C. Your children or legal wards who are unmarried and for whom you are the legal guardian because they are physically or developmentally disabled or mentally impaired to the extent that they cannot adequately care for themselves and cannot establish, maintain, or re-establish their own household;


D. Your parents who live with you; and




E. Any other dependents listed on your Federal tax return or your spouse or head of household’s Federal tax returns.




Your Annual Household Income


Item Number 5. Your Annual Income. Provide information on your annual income. If you filed a Federal tax return, enter the amount from Line 37 (adjusted gross income) on Internal Revenue Service (IRS) Form 1040, U.S. Individual Income Tax Return. If you have not filed a Federal tax return, take your total household wage income (before any deductions) for the previous 12-month period and enter that amount as your household’s annual income. If you have not filed a Federal income tax return but you have an IRS Form W-2, Wage and Tax Statement, that covers the previous 12-month period, take your total wage income, deduct Federal, state, and local income taxes withheld, and enter that amount as your household’s annual wage income.





Documentation. To document your annual income, provide the following information:


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1. A copy of your most recent Federal tax return;


2. If you did not file a Federal tax return, or if your Federal tax return does not properly reflect your current income, submit copies of consecutive pay statements (stubs) for a minimum of the past month, recent Form W-2, Form SSA-1099, or statements from your employers on business stationery showing salary or wages paid;





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[Page 7]


3. If you are a student and not living with your parents or are not claimed as a dependent on your parents’ Federal tax return, do not include your parents’ incomes. You should only provide proof of your income or documentation that shows you are not required to file a Federal or state tax return, such as proof that you are a full-time student as supporting documentation;


4. If you are recently unemployed, and your annual income on your Federal tax return or other proof of income is above 150 percent of the Federal Poverty Guidelines, describe your particular situation that you believe qualifies you for a fee waiver in Part 5., Item Number 9. Provide information regarding any unemployment benefits you are currently receiving;



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5. If you do not have any income, financial support, or cannot provide evidence of income, describe your particular situation that you believe qualifies you for a fee waiver in Part 5., Item Number 9. If available, you may submit affidavits from, for example, religious institutions, non-profits, community-based organizations, or similarly recognized organizations, indicating that you are currently receiving some benefit or support from the organization verifying (or attesting to) your situation; and


6. If you are filing Form I-485, Application to Register Permanent Residence or Adjust Status, based on SIJ classification, accompany the fee waiver request by evidence that the applicant was approved or filed for SIJ classification (for example, Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant,; or a copy of Form I-797, Notice of Action, for Form I-360). SIJ applicants seeking adjustment of status based on such classification are not required to complete Parts 4. - 6. of Form I-912 nor show proof of income.


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Item Number 6. Annual Income of All Household Members. Provide the annual income from all family members counted as part of your household.


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1. If a person lives with you, but does not contribute financial support to your household, then you should not include this person’s income when calculating your household income.


2. If you are separated or still married, but do not live with your spouse, do not include your spouse’s income. However, you must include any financial support your spouse provides to your household in Item Number 7.


3. If you are applying for any immigration benefits (such as for adjustment of status) based on the Violence Against Women Act (VAWA), or T or U nonimmigrant status under the Victims of Violence and Trafficking Protection Reauthorization Act, do not provide your spouse’s income.


4. If you are a full-time student, over 21 years of age but under 24 years of age, are unmarried, and are living with your parents, or you are claimed as a dependent on your parents’ Federal tax return, include your parents’ income. You must provide a copy of both parents’ Federal tax returns and your own Federal tax return, or provide proof of income as supporting documentation.


5. If members of your household are recently unemployed, and your annual household income on your Federal tax return or other proof of income is above 150 percent of the Federal Poverty Guidelines, describe your particular situation that you believe qualifies you for a fee waiver in Part 5., Item Number 9.


Documentation. To document your household members’ incomes, provide the following:


1. A copy of each household member’s most recent Federal tax return;


2. If the household member did not file a Federal tax return, or if the tax return does not properly reflect their current income, submit copies of consecutive pay statements (stubs) for a minimum of the past month, a recent Form W-2, Form SSA-1099, or employer statements on business stationery showing salary or wages paid; or


3. If you do not have any income or cannot provide evidence of income for your household, describe your particular situation in Part 5., Item Number 9. If applicable, you may submit affidavits from religious institutions, non-profits, or community-based organizations verifying that you are currently receiving some benefit or support from them.


Item Number 7. Total Additional Income or Financial Support. Provide additional income or financial support from a source outside your household. Type or print “0” if you have no additional income. You must include any consistent or regular financial support or additional income contributed to your household by any person living with you or not living with you, even if it is not part of the household for tax purposes.


Select any type of additional income you are receiving including any amount of money that you receive annually that is not included in Item Number 5. or 6.



[Page 8]


Documentation. You must document additional financial assistance as income. Include the following information:


1. Documentation such as parental support; alimony; child support; educational stipends; pensions; Social Security; royalties, pensions, veterans benefits; unemployment benefits; and consistent or regular financial support from adult children, parents, dependents, or other people living in your household.


2. A court order of any child support or documentation that indicates the actual amount of child support amount being received (for example, bank statements or IRS Form W-2), or documentation from an agency providing the other income or financial assistance.


3. If you are receiving unemployment benefits, the tax document, IRS Form 1099-MISC, is not enough to establish total income. You must also provide a copy of your IRS Form 1040.


Item Number 8. Total Household Income. Provide the total household income. Add the amounts from Item Numbers 5., 6., and 7. USCIS will compare this amount to the Federal Poverty Guidelines.


If you do not have any income, financial support, or cannot provide evidence of income, describe your particular situation that you believe qualifies you for a fee waiver in Part 5., Item Number 9. If applicable, you may submit affidavits from religious institutions, non-profits, or community-based organizations verifying that you are currently receiving some benefit or support from them.


Item Number 9. Indicate whether any information (including marital status, income, and list of dependents) in your Federal tax returns is different from what you indicate in Form I-912. Provide the reasons for any changes in circumstances and any differences between the tax returns and information in your Form I-912. If you need to explain anything else about your circumstances that affect the income determination, use the space provided in Part 11. Additional Information.




Part 6. Financial Hardship


Item Number 1. Provide details about your financial hardship. This may include, but is not limited to, medical expenses of family members, unemployment, eviction, and homelessness. You may also complete this section if your income is above 150 percent of the Federal Poverty Guidelines as defined in Part 5. and you believe you have special circumstances that warrant a fee waiver.


Documentation. You must document your income and provide a complete list, description, and an estimate of the value of your assets that you can easily convert into cash and any liabilities.


Item Number 2. List the types of assets you have, the dollar value of those assets, and the total dollar value of your assets.

Include the following assets:


1. Cash, checking and savings accounts, annuities, stocks, and bonds. These are assets that easily covert into cash; and


2. Other property or assets that you can easily convert into cash without incurring a hardship.


Do not include your pension plans and Individual Retirement Accounts (IRA).


Documentation. Provide documentation of your income and any evidence regarding the types and value of your assets.


Item Number 3. Total Monthly Expenses and Liabilities. Provide your average monthly costs for all applicable categories provided.




Documentation. Provide evidence, where possible, such as copies of monthly bills and payments, and documentation for monthly expenses and any extenuating circumstances, such as medical bills. If you cannot provide evidence of income, you may submit affidavits from religious institutions, non-profits, or community-based organizations verifying that you are currently receiving some benefit or support from them.



[Page 9]


Part 7. Requestor’s Statement, Contact Information, Certification, and Signature


Item Numbers 1. - 6. Select the appropriate box to indicate whether you read this request yourself or whether you had an interpreter assist you. If someone assisted you in completing the request, select the box indicating that you used a preparer. Further, you must sign and date your request and provide your daytime telephone number, mobile telephone number (if any), and email address (if any). Every request MUST contain the signature of the requestor (or parent or legal guardian, if applicable). A stamped or typewritten name in place of a signature is not acceptable.


Item Numbers 7. - 11. Each person applying for a fee waiver must sign and date Form I-912. This includes family members identified in Part 3. If an individual is under 14 years of age, a parent or legal guardian may sign the request on his or her behalf. USCIS will reject any Form I-912 that is not signed by all individuals requesting a fee waiver.








Part 8. Family Member’s Statement, Contact Information, Certification, and Signature


NOTE: If the information provided by the requestor in Part 7. is not applicable to a family member identified in Part 3., (for example, the family member used a different interpreter or speaks a different language) that individual should complete Part 8. Make additional copies of Part 8. for each family member to sign, as applicable, and include the pages with your completed Form I-912. USCIS will reject any Form I-912 that is not signed by all individuals requesting a fee waiver.


Item Numbers 1. - 6. Select the appropriate box to indicate whether you, the family member, read this request yourself or whether you had an interpreter assist you. If someone assisted you in completing the request, select the box indicating that you used a preparer. Further, you must sign and date your request and provide your daytime telephone number, mobile telephone number (if any), and email address (if any). Every request MUST contain the signature of the requestor (or parent or legal guardian, if applicable). A stamped or typewritten name in place of a signature is not acceptable.


Part 9. Interpreter’s Contact Information, Certification, and Signature


NOTE for Family Members: If you used a different interpreter than the one used by the requestor, make additional copies of Part 9., provide the following information, and include the pages with your completed Form I-912.


Item Numbers 1. - 9. If you used anyone as an interpreter to read the Instructions and questions on this request to you in a language in which you are fluent, the interpreter must fill out this section, provide his or her name, the name and address of his or her business or organization (if any), his or her daytime telephone number, his or her mobile telephone number (if any), and his or her email address (if any). The interpreter must sign and date the request.


Part 10. Contact Information, Declaration, and Signature of the Person Preparing this Request, if Other Than the Requestor


NOTE for Family Members: If you used a different preparer than the one used by the requestor, make additional copies of Part 10., provide the following information, and include the pages with your completed Form I-912.


Item Numbers 1. - 10. This section must contain the signature of the person who completed your request, if other than you, the requestor. If the same individual acted as your interpreter and your preparer, that person should complete both Part 9. and Part 10. If the person who completed this request is associated with a business or organization, that person should complete the business or organization name and address information. Anyone who helped you complete this request MUST sign and date the request. A stamped or typewritten name in place of a signature is not acceptable. If the person who helped you prepare your request is an attorney or accredited representative, he or she may be obliged to also submit a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, or Form G-28I, Notice of Entry of Appearance as Attorney In Matters Outside the Geographic Confines of the United States, along with your request.



[Page 10]


Part 11. Additional Information


Item Numbers 1. - 6. If you need extra space to provide any additional information within this request, use the space provided in Part 11. Additional Information. If you need more space than what is provided in Part 11., you may make copies of Part 11. to complete and file with your request, or attach a separate sheet of paper. Include your name and A-Number (if any) at the top of each sheet and indicate the Page Number, Part Number, and Item Number to which your answer refers.


We recommend that you print or save a copy of your completed request to review in the future and for your records.


New


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What Is the Filing Fee?


There is no filing fee for Form I-912.


Page 8, Filing Your Request

[Page 9]


Filing Your Request


To file your completed Form I-912, attach it and all supporting documentation to the application(s) or petition(s) that you are submitting.


Your completed USCIS application(s) or petition(s), Form I-912, and all supporting documentation should be mailed to the USCIS office according to the "Where to File" directions in the application or petition form instructions to which the Form I-912 relates. Form I-912 cannot be submitted after USCIS has received the underlying application(s) or petition(s).


[Page 10]


Where To File?


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Mail your Form I-912, along with the completed USCIS applications or petitions, and all supporting documentation according to the Where to File section in the Instructions of the application or petitions for which you are requesting a fee waiver.


Page 9, Additional Information

[Page 9]


Additional Information


If we approve your fee waiver request, we will notify you with a notice that your application or petition has been receipted nd the filing amount is $0. If we deny your request, we will notify you with a notice rejecting your application(s) or petition(s) and an explanation of why the fee waiver request was denied. Your complete package will be returned to you. You may either resubmit your application(s) or petition(s) and fee waiver request with the required additional documentation or submit the necessary fee for the application(s) or petition(s).


IMPORTANT NOTE: If USCIS denies your fee waiver request, please pay close attention to the information on resubmitting your application or petition that will be in the USCIS notice denying your fee waiver request. For certain immigration benefits, you may have only a limited period of time in which to resubmit your application or petition with the proper fee.


[Page 10]


Processing Information


Decision. The decision on Form I-912 involves a determination of whether you have established eligibility for the fee waiver. USCIS will notify you of the decision in writing. If USCIS denies your fee waiver request, the notice will include information on resubmitting your application or petition. For certain immigration benefits, you may have only a limited period of time in which to resubmit your application or petition with the proper filing fee. Please review the Instructions for the application or petition for which you want USCIS to consider a fee waiver to determine when to refile.


Page 9, Penalties

[Page 9]


Penalties


If you knowingly and willfully falsify or conceal a material fact or submit a false document with this request, USCIS will deny the benefit you are filing for, and may deny any other immigration benefit.


In addition, criminal penalties can be imposed for knowingly and willingly falsifying or concealing a material fact or submitting a false document. See 8 U.S.C. Section 1324c.


[Page 10]


Penalties


If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form I-912, USCIS will deny your fee waiver request and may deny any other immigration benefit. In addition, you may face severe penalties provided by law and may be subject to criminal prosecution.


Page 9, USCIS Privacy Act Statement

[Page 9]


USCIS Privacy Act Statement


AUTHORITIES: Section 286 of the Immigration and Nationality Act, as amended and 8 C.F.R. 103.7(c) authorize

USCIS to collect the information and associated evidence on this form.


PURPOSE: The primary purpose for providing the requested information on this form is to determine if you have established eligibility for a fee waiver for the associated immigration benefit for which you are filing.





DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information may delay a final decision or result in the denial of the fee waiver request and rejection of your application or petition based on non-payment of the fee.






ROUTINE USES: The information you provide on this form may be shared with other Federal, State, local and foreign government agencies in accordance with approved routine uses, as described in the associated published system of records notice [DHS/USCIS/ICE/CBP-001 - Alien File, Index, and National File Tracking and DHS-USCIS-007 - Benefits Information System System of Records], which can be found at www.dhs.gov/privacy. The information may also be

made available, as appropriate for law enforcement purposes or in the interest of national security.


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USCIS Privacy Act Statement


AUTHORITIES: The information requested on this request, and the associated evidence, is collected under the Immigration and Nationality Act, section 286, and 8 CFR 103.7(c).


PURPOSE: The primary purpose for providing the requested information on this request is to determine if you have established eligibility for the immigration benefit for which you are filing. The Department of Homeland Security (DHS) will use the information you provide to grant or deny the immigration benefit you are seeking.


DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, and any requested evidence, may delay a final decision in your case or result in denial of your request and rejection of your application or petition based on non-payment of the filing fee.



[Page 11]


ROUTINE USES: DHS may share the information you provide on this request with other Federal, state, local, and foreign government agencies and authorized organizations. DHS follows approved routine uses described in the associated published system of records notices [DHS-USCIS-007 - Benefits Information System and DHS-USCIS-001 - Alien File, Index, and National File Tracking System of Records] which you can find at www.dhs.gov/privacy. DHS may also share the information, as appropriate, for law enforcement purposes or in the interest of national security.

Page 9, Paperwork Reduction Act

[Page 9]


Paperwork Reduction Act


An agency may not conduct or sponsor an information collection, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The public reporting burden for this collection of information is estimated at 1 hour and 10 minutes per response, including the time for reviewing instructions and completing and submitting the form. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: U.S. Citizenship and Immigration Services, Regulatory Coordination Division, Office of Policy and Strategy, 20 Massachusetts Ave., NW, Washington, DC 20529-2140;

OMB No. 1615-0116. Do not mail your completed Form I-912 to this address.


[Page 11]


Paperwork Reduction Act


An agency may not conduct or sponsor an information collection, and a person is not required to respond to a collection of information, unless it displays a currently valid OMB control number. The public reporting burden for this collection of information is estimated at 1 hours and 10 minutes per response, including the time for reviewing instructions, gathering the required documentation and information, completing the request, preparing statements, attaching necessary documentation, and submitting the request. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to: U.S. Citizenship and Immigration Services, Regulatory Coordination Division, Office of Policy and Strategy, 20 Massachusetts Ave NW, Washington, DC 20529-2140; OMB No. 1615-0116. Do not mail your completed Form I-912 to this address.


Pages 2-5,

Fee Waiver Request Review Process

[Page 2]




Fee Waiver Request Review Process


How will USCIS determine if I qualify for a fee waiver?


USCIS will review your Form I-912 according to the process described below. Additional details, including evidence, need to be provided as explained in each step below:


STEP 1. Are you receiving a means-tested benefit?


If you are, and you have provided sufficient evidence, your fee waiver request will normally be approved and no further information will be required.


STEP 2. Is your household income at or below 150% of the Federal Poverty Guidelines at the time of filing?


If it is, and you have provided evidence, your fee waiver request will normally be approved.


STEP 3. Do you have some financial hardship situation such as recent unemployment, high medical expenses, and/or other unexpected large expenses that you would want USCIS to consider when determining eligibility for a fee waiver?


If you do, you must provide evidence to support your claim.



[Page 3]


STEP 2


1. How will you use my household income information to determine my eligibility for a fee waiver?


a. We will compare your household income with the Federal Poverty Guidelines in effect at the time of filing as established by the Secretary of Health and Human Services. These guidelines change every year. To obtain information on the current Federal Poverty Guidelines, visit our Web site at www.uscis.gov, select "Forms" and review Form I-912P, Poverty Guidelines for Fee Waiver Request.


b. If your household income is at or below 150% of the Federal Poverty Guidelines, you will qualify for a fee waiver. If your household income is over 150% of the Federal Poverty Guidelines, and if you have a financial hardship that would impact your ability to pay, such as large medical bills or other unexpected expenses, see STEP 3.



[Page 4]


4. Will I include the income of a person living with me if that person is not part of my household for tax purposes?


a. If a person is living with you, and provides more than 50% of your support, you should provide evidence of that person's income.


b. Similarly, if you are living with someone and he or she provides more than 50% of your support, you should provide evidence of that person's income. You must provide a copy of the most recent Federal tax returns of the person with whom you are living.



[Page 5]


STEP 3


1. What if I believe special circumstances warrant a fee waiver even though my income puts me above 150% of the Federal Poverty Guidelines?


a. You will need to provide us with a description of your financial hardship in Section 6 of the form, as well as the following:


(1) Income as described above; and


(2) Information concerning your assets. Assets include: real estate, property, cash, checking and savings accounts, stocks, bonds, and annuities (except for pension plans and Individual Retirement Accounts (IRAs)). You need to provide evidence regarding the types and value of your assets.


b. Information concerning your liabilities and expenses. Liabilities and expenses for this purpose include: the cost of rent, mortgages, leases, the average monthly cost for food, utilities, child care and elder care, medical expenses, tuition costs, commuting costs, monthly payments on any lawful debts and any other unexpected expenses. You need to provide evidence, where possible, such as copies of monthly bills and/or payments.


2. What if I cannot provide evidence of income?


You will need to provide us with a description of your financial hardship and why you cannot provide any evidence in support of your income in Section 6 of the form. If possible, any evidence can be provided by affidavits from churches and other community-based organizations indicating that you are currently receiving some benefit from that entity.



[Deleted these items - Most of this section was incorporated into the Specific Instructions section.]

Pages 7-8, Specific Information

[Page 7]


Specific Information


1. Is there a fee for filing Form I-912?


There is no filing fee for the Form I-912.


2. Can I file one fee waiver request for all members of my family applying for immigration benefits ?


Yes. However, each person applying for a fee waiver must sign Form I-912. These individuals should be identified in Sections 1 and 2 of Form I-912. Please see the section of these instructions entitled "Your Signature and Authorization".


[Page 8]


3. Can I file a Form I-912 without an application or petition?


No. Form I-912 must be filed with an application or petition requesting an immigration benefit. In addition, you must file a new Form I-912 with any subsequent application or petition.


4. If I am filing more than one application or petition at the same time, do I need to include a fee waiver request for each application and/or petition?


No. You can file one fee waiver request covering all applications, petitions, and biometrics services fees filed for that applicant or petitioner in the same envelope.


5. Some form instructions mention a filing fee and a biometrics services fee; can both be waived? Do I have to file a separate Form I-912 for the filing fee and biometrics services fee?


You do not have to file a separate Form I-912 for the filing fee and the biometrics services fees. If we approve your

Form I-912, we will waive both the filing and biometrics services fees.


6. Will requesting a fee waiver affect my current immigration status?

a. Relying primarily on public cash assistance for income maintenance can affect an individual's eligibility for some immigration benefits, depending on the totality of the circumstances. The applicant may be inadmissible as an alien likely to become a public charge, or may be deportable for already having become a public charge within 5 years of entry for reasons that arose before entry. You will find detailed guidance on these issues published in the May 26, 1999, edition of the Federal Register (64 Fed. Reg. 28689) and on the USCIS Web site at www.uscis.gov by searching for "Public Charge."


b. USCIS will not consider the possibility that you might be inadmissible or deportable as a "public charge" in deciding on your fee waiver request. However, being inadmissible as a public charge may make you ineligible for the benefit you seek. The fee waiver determination, however, is made separately from the adjudication of your eligibility for the USCIS benefit.


c. USCIS will deny an application or petition that has been determined to involve false documentation, misrepresentations of facts, or other fraud, including this fee waiver request.


7. What if someone filed an affidavit of support for me?


If someone filed a Form I-134, Affidavit of Support or Form I-864, Affidavit of Support under Section 213A of the Act, that person may still be responsible for supporting you and may be sued for repayment of public assistance provided to you. However, we will not consider that person's income or assets in deciding whether you are eligible for a fee waiver.


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File TitleTABLE OF CHANGE – FORM I-687
Authorjdimpera
File Modified0000-00-00
File Created2021-01-24

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