TABLE OF CHANGES – INSTRUCTIONS
Form I-912, Request for Fee Waiver
OMB Number: 1615-0116
07/11/2022
Reason for Revision: Fee Rule 22-23 Project Phase: OMBReview
Legend for Proposed Text:
Expires 09/30/2024 Edition Date 09/03/2021 |
Current Page Number and Section |
Current Text |
Proposed Text |
Page 1, What Is the Purpose of This Form? |
[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.
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[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. For purposes of this form, the Requestor is the primary applicant or petitioner requesting the immigration benefit and fee waiver. The Requestor can also be the parent or legal guardian of a child or person with a physical, developmental or mental disability who is the primary applicant or petitioner. If an individual is under 14 years of age, a parent or legal guardian may sign the request on behalf of that person.
Please note the Form I-912 must be submitted in the name of the primary applicant requesting the immigration benefit and fee waiver.
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. See Form G-1055, available at www.uscis.gov/forms, for specific information about the fee exemptions and waivers available.
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Page 1, Forms Eligible for Fee Waiver |
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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;
[Page 2] 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;
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.
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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).
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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-deferredaction-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 if 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.
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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:
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For the following forms under certain conditions:
For the following forms if the applicant is exempt from public charge ground of inadmissibility under INA 212(a)(4):
If not otherwise fee exempt, you may apply for a fee waiver for ANY application or petition that is related to status as a:
1. Battered spouse of A, G, E-3, or H nonimmigrant;
2. Battered spouse or child of a lawful permanent resident or U.S. citizen under INA section 240A(b)(2);
3. T nonimmigrant;
4. Temporary Protected Status;
5. U nonimmigrant; or
6. VAWA self–petitioner and derivative(s).
7. Conditional permanent resident (CPR) filing a waiver of the joint filing requirement based on battery or extreme cruelty;
8. Abused spouses and children adjusting status under the Cuban Adjustment Act (CAA) and Haitian Refugee Immigration Fairness Act of 1998 (HRIFA);
9. Abused spouses and children seeking benefits under Nicaraguan Adjustment and Central American Relief Act (NACARA);
10. Special Immigrant Juveniles;
11. Asylees;
12. Refugees.
You may not file Form I-912 if you are requesting consideration for 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-deferredaction-childhood-arrivals for more details. [deleted] |
Page 3, How to File Form I-912 |
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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.
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[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. If you are filing joint forms that have fees (for example, I-485 and I-765), you only need to file one Form I-912. You do not have to file a separate Form I-912 for the filing fee and the biometric services fee (if applicable).
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.
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Page 3, General Instructions |
[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 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.
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 should 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.
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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 Contact 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 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.
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 should 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 10. 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.
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Pages 3 - 10, Specific Instructions |
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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)
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.”
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.
Part 4. Means-Tested Benefits
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.
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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. Is 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 Member’ Means-Tested Benefits
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.
3. Documentation
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.
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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.
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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.
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Documentation. To document your annual income, provide the following information:
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;
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;
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.
Item Number 6. Annual Income of All Household Members. Provide the annual income from all family members counted as part of your household.
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.
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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.
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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
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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.
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.
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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. [new]
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.
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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.
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.
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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.
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.
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Specific Instructions
Part 1. Basis for Your Request
Item Numbers 1.A. - 1.C. 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)
Item Number 2. 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.”
Item Number 3. Other Names Used (if any). Provide all other names you have used, including your maiden name.
Item Number 4. 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 5. USCIS Online Account Number. Providing the petitioner’s unique USCIS Online Account Number (OAN) helps them manage their online account. Petitioners have an Online Account Number if they previously filed an application, petition, or request online or by mail and were issued a receipt number that begins with IOE. If the petitioner filed a form online, they can find their OAN in their USCIS Online Account profile. If they mailed their form, they can find their OAN at the top of the USCIS Account Access Notice we sent them. The OAN is not the same as an A-Number. If the petitioner does not have a receipt number beginning with IOE, they do not have an OAN.
Item Number 6. 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 7. U.S. Social Security Number (if any). Provide your U.S. Social Security number.
Item Number 8. 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.
Part 4. Means-Tested Benefits
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), or other public assistance. 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.
1. Individual Receipt of a Means-Tested Benefit
A. The individual must demonstrate personal receipt of a means-tested benefit. When a parent is residing with a child who is receiving public housing or Section 8 benefits, the parent is also considered to be receiving the means-tested benefit.
B. If a child is the sole applicant, the child 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. USCIS considers children living in the same household to be receiving the means-tested benefit if the parent(s) are also living in the same household.
2. Family Member’s Means-Tested Benefits
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 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.
3. Documentation
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 adjusted gross 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.
If you are applying for any immigration benefits (such as for adjustment of status) based on a pending or approved petition or application for VAWA benefits or T or U nonimmigrant status and your head of household, the person upon whose tax return you are listed as a dependent, or one of your household members is or was your abuser or human trafficker, do not list that person in Item Number 4. or their income in Item Numbers 5.-9. below.
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 Adjusted 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 copies of the following:
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;
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;
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.
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Item Number 6. Annual Adjusted Income of All Household Members. Provide the annual income from all family members counted as part of your household.
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. You do not need to include as a household member or provide income for:
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.
6. If members of your household are recently unemployed, describe the particular situation 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. In addition, if no unemployment compensation is being received, you may submit a letter of termination from the employer.
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.
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 Adjusted Gross 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 10. Additional Information.
Part 6. Financial Hardship
Item Number 1. Provide details about your financial hardship. This may include, but is not limited to:
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. Provide documentation related to your financial hardship including information on income and the following based on the type of circumstance:
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 retirement account (401K plans or Individual Retirement Accounts (IRA)) as assets unless this is your sole means of income.
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 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.
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.
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Part 8. Interpreter’s Contact Information, Certification, and Signature
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Item Numbers 1. - 7. 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 9. Contact Information, Declaration, and Signature of the Person Preparing this Request, if Other Than the Requestor
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Item Numbers 1. - 8. 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 8. and Part 9. 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.
Part 10. 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 10. Additional Information. If you need more space than what is provided in Part 10., you may make copies of Part 10. 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.
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Page 10, What Is the Filing Fee? |
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What Is the Filing Fee?
There is no filing fee for Form I-912.
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Page 10, Where To File? |
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Where To File?
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.
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Where To File?
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.
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File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
Author | Kim, Andrew I |
File Modified | 0000-00-00 |
File Created | 2023-08-01 |