Chapter 4 - Fee Waivers and Fee Exemptions

A. General

1. Eligibility to Request a Fee Waiver

USCIS permits certain categories of benefit requestors to submit a Request for Fee Waiver (Form I-912) for certain immigration benefits and services.^[1] There is no fee required for filing a fee waiver request.

A benefit requestor may request a fee waiver from USCIS if:

• The form is eligible for a fee waiver and the benefit requestor meets any applicable conditions; and
• The benefit requestor is unable to pay the requisite fee based on one of three criteria described below (Section D, Basis for Inability to Pay).

If a benefit request includes both the appropriate filing fee and a fee waiver request, USCIS does not adjudicate the fee waiver request. In such a case, USCIS deposits the fee and processes the immigration benefit request, if it is otherwise acceptable.

2. Filing a Fee Waiver Request 

To request a fee waiver, a benefit requestor must submit: 

• A Request for Fee Waiver (Form I-912) or written statement requesting a fee waiver; and
• Documentation establishing eligibility for a fee waiver.

Generally, each person requesting a fee waiver must submit a separate Form I-912 or written statement and supporting documentation.^[2] The requestor must sign the Form I-912 or written statement.^[3]

USCIS does not review fee waiver requests submitted for benefit requests that USCIS rejected for reasons unrelated to the fee. For example, USCIS does not review fee waiver requests if an application is defective due to a missing signature.

3. Burden of Proof and Standard of Proof

The burden of proof is on the requestor to establish an inability to pay the required fee by a preponderance of the evidence by establishing at least one of the criteria for eligibility.^[4] The requestor satisfies the standard of proof if they submit relevant, probative, and credible evidence that leads the USCIS officer to conclude that it is “probably true” or “more likely than not” that the requestor is unable to pay the required fee.^[5]

B. Forms Eligible for Fee Waiver

If not otherwise exempt from paying the fee, a benefit requestor may submit a request for a fee waiver for certain eligible forms.^[6] There are three general categories of fee waivers allowed for eligible forms:

• General fee waivers;  
• Conditional fee waivers; and
• Humanitarian fee waivers.

General fee waivers are available for eligible forms for requestors who demonstrate an inability to pay. Conditional fee waivers are available for eligible forms for requestors who demonstrate an inability to pay and meet certain conditions. Humanitarian fee waivers are available for eligible forms for requestors for humanitarian purposes as authorized by statute.

1. General Fee Waivers

The following table provides a list of forms for which USCIS may waive the fees based on a requestor’s inability to pay.

2. Conditional Fee Waivers

Certain fee waivers depend on specific conditions. The following table provides a list of forms for which USCIS may waive fees based on the requestor’s inability to pay and if they meet the specified conditions.

3. Humanitarian Fee Waivers 

USCIS provides fee exemptions for many forms filed by certain humanitarian categories of requestors.^[13] If not otherwise exempt from paying the fee, an individual may request a fee waiver for any application or petition that is related to any of the following humanitarian categories:

• Battered spouses of A, G, E-3, or H nonimmigrants;
• Battered spouses or children of a lawful permanent resident or U.S. citizen under INA Section 240A(b)(2);
• T nonimmigrants;
• Temporary Protected Status (TPS);
• U nonimmigrants;
• VAWA self-petitioners and derivative(s);
• Conditional permanent residents (CPRs) filing a waiver of the joint filing requirement based on battery or extreme cruelty;
• Abused spouses and children adjusting status under the Cuban Adjustment Act (CAA) and Haitian Refugee Immigration Fairness Act of 1998 (HRIFA);
• Abused spouses and children seeking benefits under Nicaraguan Adjustment and Central American Relief Act (NACARA);
• Special immigrant juveniles;
• Asylees; or
• Refugees.^[14]

C. Category of Requestor Eligible for Fee Waiver

1. Documentation of an Eligible Category

A requestor must submit documentation to show that they fall into a category eligible for a fee waiver. Such documentation may include:

• A copy of any type of Notice of Action (Form I-797) for the eligible benefit; 
• A copy of a permanent resident card with the eligible category annotated; or
• Any other evidence of a petition or application pending with USCIS for an eligible benefit category.

For concurrently filed applications, USCIS officers review the type of benefit request submitted and the category requested to determine whether the requestor is eligible for a fee waiver.

For separately filed applications, if the primary benefit eligible for a fee waiver has already been filed, the requestor may submit a copy of the primary benefit petition or application that was filed with the fee waiver request.

An officer may verify in the available systems whether the requestor has applied for or received a benefit for one of the eligible categories.

2. Other Agency Fee Waiver Request

USCIS cannot waive the fee for any U.S. Department of Justice (DOJ) Executive Office for Immigration Review (EOIR) forms, but an immigration judge may waive fees for EOIR forms as well as requests filed on USCIS forms in an immigration court proceeding.^[15]

Immigration judges may also request that USCIS consider a fee waiver request for a party in their court. In such cases, the requestor must still submit Form I-912 or written statement along with evidence of eligibility for the fee waiver.

D. Basis for Inability to Pay

USCIS evaluates whether the requestor is unable to pay the filing fee based on the following criteria:

• The requestor or qualifying member of the requestor’s household is receiving a means-tested benefit;
• The requestor’s household income level is at or below 150 percent of the Federal Poverty Guidelines (FPG); or
• The requestor is experiencing extreme financial hardship due to extraordinary expenses or other circumstances that render the individual unable to pay the fee.

An officer must evaluate whether the requestor establishes an inability to pay under any of these three criteria.

1. Means-Tested Benefit

USCIS approves a request for fee waiver if the requestor or their qualifying family member is receiving a means-tested benefit at the time of filing the request for fee waiver. 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.

The benefit-granting agency determines whether the person is lawfully eligible for the means-tested benefit. USCIS considers means-tested benefits that are federally, state, locally, or tribal funded and granted by the benefit agency.

Examples of means-tested benefit programs include, but are not limited to: 

• Any federal, state, local, or tribal cash assistance for income maintenance, such as:
  • Supplemental Security Income (SSI);
  • Temporary Assistance for Needy Families (TANF), which may be provided under another TANF-Program state name;
  • Other federal, state, or local cash benefit programs for income maintenance (often called “General Assistance” in the state context, but which may exist under other names);
• Supplemental Nutrition Assistance Program (SNAP);
• Medicaid (federally funded Medicaid may also be provided under a Medicaid Program state name);
• Section 8 Housing Assistance under the Housing Choice Voucher program, Section 8 Project-Based Rental Assistance (including Moderate Rehabilitation), and housing assistance under the McKinney-Vento Homeless Assistance Act;
• Housing under the Housing Act of 1937;
• Low Income Home Energy Assistance Program (LIHEAP) and other energy assistance programs;
• CNMI Nutrition Assistance Program (NAP);
• Any services provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act);
• Any cash benefit provided by the Department of Veteran's Affairs or other federal or state, local, or tribal benefit provided based on veteran status;
• Benefits under the Emergency Food Assistance Program (TEFAP);
• Child and Adult Care Food Program (CACFP);
• Food Distribution Program on Indian Reservations (FDPIR);
• Benefits through the Child Nutrition Act, Benefits from the National School Lunch Act and Summer Food Service program;
• Child Care and Development Block Grant Program (CCDBGP);
• Special Supplemental Nutrition Program for Women, Infants, and Children (WIC); and
• Children's Health Insurance Program (CHIP) and State Children's Health Insurance Program (SCHIP).

Family Member’s Means-Tested Benefit 

A requestor’s spouse and unmarried children under 21 years of age who reside with the requestor are generally eligible for a fee waiver based on the requestor’s receipt of a means-tested benefit. If the requestor is legally separated from the spouse or not living with the spouse, then the requestor is ineligible for the fee waiver based on the spouse’s means-tested benefit. 

A requestor may be eligible for a fee waiver based on their child’s receipt of a means-tested benefit so long as their child is unmarried, under 21 years of age, resides with the requestor, and the child’s eligibility for the benefit is based on the requestor’s income.^[16]

For example, a parent may use evidence of a child’s receipt of public housing, WIC, or SNAP as proof of inability to pay when the parent resides in the same residence because the child’s eligibility for public housing is partly based on the parent's income.

In general, a child over 21 years of age cannot use a parent’s means-tested benefit to qualify for a fee waiver. However, if the child is disabled and the parent is the child’s legal guardian or surrogate, the child may use the parent’s means-tested benefit to support a request for fee waiver.^[17]

Documentation

In general, if a requestor provides documentation of receipt of a means-tested benefit, the request for fee waiver is approved and no further information is required. To demonstrate that an individual is currently receiving a means-tested benefit, the requestor must provide a letter, notice, or other agency document(s) containing the following information: 

• The name of the individual receiving the means-tested benefit; 
• The name of the agency granting the public benefit;^[18] 
• The type of benefit; and 
• Indication that the benefit is currently being received (for example, a recently dated letter or document with effective dates, date of renewal or period the approval ends, if available). If the documentation is more than 12 months old, the requestor must provide additional evidence that shows the benefit is currently being received. 

If the basis of a request for fee waiver is a qualifying family member’s receipt of a means-tested benefit, then the requestor must also provide documentation establishing that the requestor is listed as a person receiving the means-tested benefit or documentation establishing the qualifying familial relationship and that the requestor is residing in the same household as the individual that is receiving the means-tested benefit.

2. Household Income at or Below 150 percent of the Federal Poverty Guidelines

USCIS approves a request for fee waiver if the requestor demonstrates that their total adjusted gross household income at the time of the request is at or below 150 percent of the current FPG based on household size. USCIS does not review the requestor’s past history of income or future income or financial situation when determining household income.

The Secretary of the U.S. Department of Health and Human Services (HHS) establishes the FPG annually. USCIS uses the adjusted gross income from an IRS Form 1040 or the gross income from an IRS Form W-2 including any overtime and irregular hours as listed to calculate the annual income.

For fee waiver purposes, a household^[19] may include: 

• The requestor;
• The head of household (if not the requestor);^[20]
• The requestor’s spouse, if living with the requestor (if the requestor and spouse are separated or not living together, then the spouse is not included as part of the household);^[21] and
• Any family members living in the requestor’s household who are dependent on the applicant’s income, the spouse’s income, or the head of household’s income.

Family members living in the requestor’s household may include:

• The requestor’s children or legal wards who are unmarried and under 21 years of age;
• The requestor’s children or legal wards who are unmarried, are 21 years of age or over, but under 24 years of age, and are full-time students;
• The requestor’s children or legal wards who are unmarried and for whom the requestor is the legal guardian because the child or legal ward is physically or developmentally disabled, or mentally impaired and unable to self-care, establish, maintain, or re-establish their own household;
• The requestor’s parents; and
• Any other dependents listed on the requestor’s federal income tax return, or the spouse’s or head of household’s federal income tax return.^[22]

For a fee waiver request, USCIS does not include people who are cohabitating with the applicant, but not financially supported by the applicant, such as roommates or nannies, within the definition of household or household member.   

Additionally, if the requestor has been deemed legally incompetent^[23] by a court of law, then the requestor’s individual income is still used to determine household income. However, the income of any household member, legal guardian or surrogate, or any other care provider, does not count towards the calculation of household income for such requestors.

Documentation

To demonstrate household income at or below 150 percent of the FPG, the requestor may provide a copy of one or more of the following, where applicable, for each household member:

• Most recent federal tax return with signature (or transcript);^[24]
• Most recent Wage and Tax Statement (IRS Form W-2);
• Consecutive pay statements (stubs) for a minimum period of one month dated within the three months preceding the receipt of the fee waiver request; 
• Certain Government Payments (Form 1099-G);
• Form SSA-1099; or
• Documentation of any additional financial assistance.^[25]

An officer may grant a request for fee waiver in the absence of some of this documentation so long as the available documentation supports that the requestor is more likely than not unable to pay the fee.

If the household member’s income has changed since the tax return filing because of unemployment, the requestor provides evidence of the household member’s unemployment such as a termination letter or unemployment insurance receipt. If the household member’s income has changed since the tax return filing due to a change in employment or change in income, the requestor provides information on the current employment and income, such as recent pay statements (stubs) or Form W-2.

If the household members reside and filed tax returns in a U.S. territory and were not required to file a federal tax return, the requestor must submit the tax returns (or transcript) from the territory instead of a federal tax return.

Tax Returns

A copy of the most recent tax return with signature alone may provide sufficient proof of income for fee waiver purposes. However, where the requestor provides other proof of income (or lack of income), a request for fee waiver should not be rejected solely based on the absence of tax return(s). 

If the request for fee waiver is filed between January 1 and the deadline for filing income taxes for the year, and the household member has not yet filed the previous year’s income tax return, the requestor may submit the household member’s tax return (or transcript^[26]) for the most recently filed year. The requestor must certify by signing their fee waiver request that their income has not changed since the most recently filed tax return. If the household member’s income has changed since their most recently filed tax return, the requester must submit additional evidence of the household member’s income.^[27]

USCIS does not accept Earned Income Tax Credit (EITC) statements, Miscellaneous Income (Form 1099-MISC), and Certain Government Payments (Form 1099-G) or other G-1099 forms as proof of income without the tax returns, tax transcripts, W-2s, or Social Security statements.

If the requestor’s current situation is different from the documentation provided, the requestor must provide an explanation regarding the inconsistency in the documentation. For example, if a tax return or transcript indicates the requestor is married, but the requestor is currently separated or annotates single in the fee waiver request, the requestor must provide an additional explanation for the inconsistency and the documentation for income. The requestor may provide additional documentation to establish marital status and household size.

A requestor may use IRS Form 4506-T (PDF) to request: 

• An income tax transcript; 
• A copy of Form W-2; or 
• Form 1099-G. 

Requestors do not need to submit multiple copies of tax returns. If the requestor provided their most recent tax returns as part of the underlying petition or application filed with the Form I-912, such as a naturalization application and tax returns, filed concurrently, the requestor does not need to submit additional tax returns or a transcript. 

Additional Financial Assistance

To establish the total income, a request must include any additional financial assistance (not otherwise included in a tax return or W-2) including any Social Security income (as reflected on the SSA-1099) to the adjusted gross income in the tax return. 

The table below includes some types of additional financial assistance that USCIS considers household income for a fee waiver request. The requestor must provide documentation of each type of additional financial assistance that applies.

VAWA, T, and U-Based Requestors

Requestors seeking a fee waiver for any immigration benefit associated with or based on a pending or approved petition or application for VAWA benefits^[28] or T or U nonimmigrant status that are not otherwise fee exempted do not need to list as household members or provide income information for the following people: 

• Any person in the household who is or was the requestor’s abuser, human trafficker, or perpetrator; or 
• A person who is or was a member of the abuser, human trafficker, or perpetrator’s household.

In addition, such requestors do not need to list their spouse as a household member or include their spouse’s income in the fee waiver request. 

If a VAWA self-petitioner or recipient^[29] (or their derivative(s)) or applicant, petitioner, or recipient of T or U nonimmigrant status does not have any income or cannot provide proof of income, the requestor may:

• Describe the situation in sufficient detail in the fee waiver request to substantiate lack of income or income at or below 150 percent of the FPG, as well as the inability to obtain the required documentation; and
• Provide any documentation of the income, such as pay stubs or affidavits from religious institutions, non-profits, or other community-based organizations, verifying that the requestor is currently receiving some benefit or support from that entity and attesting to the financial situation, if available.

Special Immigrant Juveniles

A petitioner or recipient of Special Immigrant Juvenile (SIJ) classification who files a fee waiver request for a filing not otherwise fee exempted does not need to provide proof of income. USCIS considers requestors in this category as part of their own household, without including any foster or group home household members.

Instead of proof of income, the fee waiver request must include documentation showing that the requestor has an approved petition for SIJ classification (for example, a copy of Notice of Action (Form I-797) for Form I-360).^[30]

3. Extreme Financial Hardship

Even if a requestor has income above 150 percent of the FPG, the requestor may be able to demonstrate that extreme financial hardship makes the requestor unable to pay the fee(s). Extreme financial hardship occurs when a requestor requires substantially all of their current income and liquid assets to meet current ordinary and necessary living expenses. An extreme financial hardship is more than a financial burden caused by paying the filing fee.

The requestor may demonstrate extreme financial hardship due to extraordinary expenses or other circumstances affecting the requestor’s financial situation to the degree of inability to pay the fee. If the requestor is under extreme financial hardship, the requestor should demonstrate negative financial impact as a result of this hardship in the 12 months preceding the receipt of the fee waiver request that rendered the requestor unable to pay the fee.

The following list contains some examples of financial hardships for which USCIS may grant a request for fee waiver:

• A medical emergency or catastrophic illness affecting the noncitizen or the noncitizen’s dependents;^[31]
• Unemployment;
• Significant loss of work hours and wages (change in employment status); 
• Eviction;
• Homelessness;
• Military deployment of spouse or parent;
• Natural disaster; 
• Loss of home (destruction such as fire, water, or collapse); 
• Inability to pay basic utilities, rent, childcare, or mortgage (payments and bills for each month are more than the monthly income); 
• Substantial financial losses to small business that affect personal income;
• Victimization;  
• Divorce or death of a spouse that affects overall income; or
• Other situations that could not normally be expected in the regular course of life events that would limit a person’s ability to meet necessary living expenses.

Documentation

In addition to explaining the financial hardship in the request for fee waiver, a requestor may submit documentation as follows to demonstrate extreme financial hardship:

• Documentation of income, as provided above;
• Documentation of all assets owned, possessed, or controlled by the requestor and dependents; or
• Documentation concerning liabilities and expenses owed by the requestor and dependents, and any other expenses for which the requestor is responsible.

An officer may grant a request for fee waiver in the absence of some of this documentation as long as the available documentation supports that the requestor is more likely than not unable to pay the fee.

The table below provides a list of some assets and liabilities that may be identified as part of the fee waiver request. 

In general, if a requestor provides proof of inability to pay the fee based on financial hardship, the request for fee waiver may be approved on this basis and no further information is required.

4. Requestors Without Income

If the requestor has no income due to unemployment, homelessness, or other factors, the requestor may provide, as applicable: 

• A detailed description of the financial situation that demonstrates eligibility for the fee waiver; 
• Hospital bills;
• Bankruptcy documents;
• If the requestor is receiving support services, an affidavit from a religious institution, non-profit, hospital, or community-based organization verifying the person is currently receiving some benefit or support from that entity and attesting to the requestor’s financial situation; or
• Evidence of unemployment, such as a termination letter or unemployment insurance receipt.

An officer may grant a request for fee waiver in the absence of some of this documentation, as long as the available documentation supports that the requestor is more likely than not unable to pay the fee.

VAWA, T, and U-Based Requestors

USCIS considers whether a requestor is unable to obtain proof of income due to alleged victimization such as trafficking or abuse. If not otherwise eligible for a fee exemption, the requestor should describe the situation in the Form I-912 or written request to substantiate the inability to pay as well as the inability to obtain the required documentation.

The requestor should provide any available documentation, such as affidavits from religious institutions, non-profits, or other community-based organizations verifying that the requestor is currently receiving some benefit or support from that entity and attesting to the financial situation.

E. Emergent Circumstance

Natural catastrophes and other extreme situations^[32] beyond a person’s control may affect the ability to pay USCIS fees. Based on the USCIS Director’s authority to waive a required fee,^[33] USCIS may designate certain time periods or events in which a person may file a fee waiver request when not otherwise eligible.^[34]

In such cases, the requestor must still file a fee waiver request and establish eligibility under one of the criteria (generally, financial hardship). USCIS may accept the request based on the requestor’s statement even if there is no documentation of the emergencies and unforeseen circumstances.

Unless otherwise eligible, requestors may only seek a fee waiver under those emergent circumstances described in the Immigration Relief in Emergencies or Unforeseen Circumstances webpage.

F. Adjudication

USCIS may grant a fee waiver request when USCIS determines that the requestor has met the eligibility requirements.

USCIS adjudicates the fee waiver request based on the information provided in the Request for Fee Waiver (Form I-912) or written statement, as well as any additional documentation submitted in support of the fee waiver request at the time of filing. USCIS does not issue any Requests for Evidence for fee waiver requests. 

The table below provides a general outline to guide the adjudication of a request for a fee waiver. 

1. Family-Related Applications or Petitions

In general, a requestor may file one request for fee waiver for all eligible family-related applications or petitions filed together. For example, if the requestor files the Application to Register Permanent Residence or Adjust Status (Form I-485) and the requestor’s spouse and children file separate Forms I-485 at the same time, the requestor, spouse, and children need only file one Form I-912 or written request for fee waiver.

If eligible family-related applications or petitions are filed separately, each individual family member must separately submit a Form I-912 or written request for fee waiver with the eligible application or petition.

Each fee waiver request is unique and USCIS considers each request on its own merits. However, where family members separately submit family-related applications or petitions and related requests for fee waiver, USCIS should issue consistent determinations on the family members’ individual requests for fee waiver.

2. Rejection

If USCIS determines that the requestor is not eligible for a fee waiver, then USCIS rejects the fee waiver request and the benefit request. The rejection notice must provide the requestor detailed reasons for the rejection. The table below provides a non-exhaustive list of common reasons for rejection.

There is no appeal of a rejection of a fee waiver request. Requestors may, however, file another fee waiver request with the required documentation to establish eligibility. An applicant may also refile the benefit request with the proper fees for USCIS to process the request. The filing of a fee waiver does not toll or pause any other applicable deadlines, such as the deadline for filing an appeal or motion. Therefore, if a fee waiver request is rejected, the requestor must endeavor to re-file within the applicable timeframe. USCIS uses the postmark date of a filing to determine which form version and fees are correct but uses the receipt date for purposes of any regulatory or statutory filing deadlines.^[38]

G. Fee Exemptions

Aside from fee exemptions specifically listed in regulations, the USCIS Director may provide an exemption for any fee required.^[39] The Director must determine that such action would be in the public interest and the action is consistent with the applicable law.

Fee exemptions are distinct from fee waivers in that exemptions apply automatically and do not require the requestor to establish eligibility. A benefit requestor may not individually request a fee exemption as they would a fee waiver. The Director may also provide temporary fee exemptions as necessary. A request for a USCIS Director’s fee exemption must be submitted to the Office of the Director for clearance.

All current fee exemptions can be found in the Fee Schedule (Form G-1055).

Footnotes 

[^ 1] See 8 CFR 106.3.

[^ 2] There is an exception for family-related applications or petitions filed at the same time. See Section F, Adjudication [1 USCIS-PM B.4(F)].

[^ 3] For information on valid signatures and who may sign, see Chapter 2, Signatures [1 USCIS-PM B.2].

[^ 4] See Section D, Basis for Inability to Pay [1 USCIS-PM B.4(D)]. See Matter of Chawathe (PDF), 25 I&N Dec. 369 (AAO 2010) (identifying preponderance of the evidence as the standard for immigration benefits generally, and in that case specifically naturalization).

[^ 5] See Matter of Chawathe (PDF), 25 I&N Dec. 369, 376 (AAO 2010) (preponderance of the evidence means more likely than not). See U.S. v. Cardozo-Fonseca, 480 U.S. 421 (1987) (defining “more likely than not” as a greater than 50 percent probability of something occurring).

[^ 6] See 8 CFR 106.3(a)(3).

[^ 7] Also known as the Application for Advance Permission to Return to Unrelinquished Domicile.

[^ 8] See 8 CFR 106.2(a)(50). Re-registrants are exempt from paying the Form I-821 fee. Note that the biometric services fee for TPS applicants and re-registrants is not waivable.

[^ 9] See INA 212(a)(4). The receipt of public benefits does not negatively affect the review of a fee waiver request. For detailed guidance on the public charge grounds of inadmissibility, see Volume 8, Admissibility, Part G, Public Charge Ground of Inadmissibility [8 USCIS-PM G] and the Public Charge Resources page.

[^ 10] See INA 212(a)(4). The receipt of public benefits does not negatively affect the review of a fee waiver request. For detailed guidance on the public charge grounds of inadmissibility, see Volume 8, Admissibility, Part G, Public Charge Ground of Inadmissibility [8 USCIS-PM G] and the Public Charge Resources page.

[^ 11] See INA 212(a)(4). The receipt of public benefits does not negatively affect the review of a fee waiver request. For detailed guidance on the public charge grounds of inadmissibility, see Volume 8, Admissibility, Part G, Public Charge Ground of Inadmissibility [8 USCIS-PM G] and the Public Charge Resources page.

[^ 12] See INA 212(a)(4). The receipt of public benefits does not negatively affect the review of a fee waiver request. For detailed guidance on the public charge grounds of inadmissibility, see Volume 8, Admissibility, Part G, Public Charge Ground of Inadmissibility [8 USCIS-PM G] and the Public Charge Resources page.

[^ 13] See 8 CFR 106.2 and 8 CFR 106.3(b). See Fee Schedule (Form G-1055).

[^ 14] See Instructions for Form I-912.

[^ 15] See 8 CFR 1003.24(d) and 8 CFR 1103.7.

[^ 16] The requestor may also use the child’s means-tested benefit to support a fee waiver request based on household income. See Subsection 2, Household Income at or Below 150 Percent of the Federal Poverty Guidelines [1 USCIS-PM B.4(D)(2)] for further discussion of qualifying members of a household.

[^ 17] In this situation, the child may also use the parent’s means-tested benefit to support a fee waiver request based on household income. See Subsection 2, Household Income at or Below 150 Percent of the Federal Poverty Guidelines [1 USCIS-PM B.4(D)(2)].

[^ 18] USCIS may accept documentations from school for meal-related public benefits.

[^ 19] If the requestor submits any joint-filed federal tax returns, USCIS reviews the household size to determine household members or spouses.

[^ 20] In general, the head of the household is the person who files the most recent federal tax return with the Internal Revenue Service (IRS) for the household, or the person who earns most of the income for the household.

[^ 21] However, any additional income or financial support provided by the spouses must be included in the request, as discussed later in this subsection.

[^ 22] USCIS reviews the IRS federal income tax return to examine whether the requestor listed any dependents.

[^ 23] See Black’s Law Dictionary (11th ed. 2019) (incompetency is generally defined as the quality, state, or condition of being unable or unqualified to do something).

[^ 24] The requestor is not required to have the IRS certify the tax return or transcript. A copy of an unsigned tax return alone is insufficient to establish income.

[^ 25] Documentation of additional financial assistance is discussed later in this subsection.

[^ 26] For information on obtaining federal income tax transcripts without a fee, see the IRS' Get Your Tax Record webpage.

[^ 27] Details on the type of documentation required to show the household member’s income is discussed earlier in this subsection.

[^ 28] VAWA benefits include VAWA self-petitioners and derivatives as defined under INA 101(a)(51) and anyone otherwise self-petitioning due to battery or extreme cruelty under INA 204(a).

[^ 29] Includes VAWA self-petitioners and their derivatives as defined under INA 101(a)(51) and anyone otherwise self-petitioning due to battery or extreme cruelty under INA 204(a).

[^ 30] An officer may verify in the available systems whether the requestor has received SIJ classification.

[^ 31] Dependents include the noncitizen’s spouse, children, parents, or ward.

[^ 32] Including major natural disasters declared in accordance with 44 CFR 206, subpart B.

[^ 33] See 8 CFR 106.3(c). This discretionary authority may be delegated only to the USCIS Deputy Director.

[^ 34] See Immigration Relief in Emergencies or Unforeseen Circumstances webpage. For example, USCIS allowed for consideration of fee waivers for those affected by South Carolina floods in 2015.

[^ 35] Applicants for any immigration benefit associated with or based on a pending or approved petition or application for VAWA benefits or T or U nonimmigrant status do not need to list as a member of their household or provide the income of any person who is or was their abuser, human trafficker, or perpetrator or is or was a member of the abuser, human trafficker, or perpetrator’s household. For more information, see Section D, Basis for Inability to Pay, Subsection 2, Household Income at or Below 150 Percent of Federal Poverty Guidelines, [1 USCIS-PM B.4(D)(2)].

[^ 36] Applicants for any immigration benefit associated with or based on a pending or approved petition or application for VAWA benefits or T or U nonimmigrant status do not need to list their spouse as a household member or provide their spouse’s income.

[^ 37] Generally, applicants for any immigration benefit associated with or based on a pending or approved petition or application for VAWA benefits or T or U nonimmigrant status are not rejected for a lack of documentation if the applicant has described the inability to provide the required documentation in sufficient detail and provided any other available documentation. In addition, USCIS does not require SIJs to provide proof of income but does require other documentation for a fee waiver request. See Section D, Basis for Inability to Pay, Subsection 2, Household Income at or Below 150 Percent of the Federal Poverty Guidelines [1 USCIS-PM B.4(D)(2)].

[^ 38] See 8 CFR 103.2(a)(7).

[^ 39] See 8 CFR 106.3(c).