Navigating the immigration system can be complex and expensive, especially for vulnerable individuals like survivors of abuse, trafficking, and other crimes. Fortunately, the U.S. Citizenship and Immigration Services (USCIS) has announced new fee exemptions that will significantly benefit these individuals starting April 1st, 2024. This article will delve into the details of these exemptions, explaining who qualifies, which forms are covered, and how this change can impact immigrant survivors seeking safety and stability in the United States.
Expanding Access to Immigration Relief
The new USCIS fee rule eliminates most application fees for immigrant survivors, removing a major financial hurdle in their pursuit of legal status. This means survivors will no longer need to submit a fee or a fee waiver request for many crucial applications.
Who qualifies for these exemptions?
The following categories of immigrant survivors are eligible for fee exemptions under the new rule:
- T Nonimmigrants: Survivors of severe forms of human trafficking
- U Nonimmigrants: Survivors of certain qualifying crimes
- Special Immigrant Juveniles (SIJS): Children who have been abused, abandoned, or neglected
- VAWA Self-Petitioners: Spouses, children, and parents of U.S. citizens or permanent residents who have experienced domestic violence
- Applicants for VAWA Cancellation of Removal: Individuals facing deportation who have been abused by their U.S. citizen or permanent resident spouse or parent
- Afghan & Iraqi Special Immigrants: Individuals who have assisted the U.S. government in Afghanistan or Iraq
- Other VAWA categories: This includes individuals seeking various forms of relief under the Violence Against Women Act
Forms Covered by the Fee Exemptions
The new rule goes beyond simply exempting fees for initial petitions. It covers a wide range of related applications filed by survivors throughout their immigration journey, up to and including their adjustment of status to lawful permanent residency. This means survivors can access essential benefits without the burden of multiple fees.
Here’s a breakdown of the specific forms that will be fee-exempt for each category starting April 1st, 2024:
U Nonimmigrants:
- Initial petitions (I-918, I-918 Supp A & B)
- I-192, Application for Waiver of Inadmissibility
- I-193, Application for Waiver of Passport
- I-539, Application to Extend Nonimmigrant Status (only if filed before I-485)
- I-485, Application to Adjust Status
- I-601, Application for Waiver of Inadmissibility*
- I-929, Petition for Qualifying Relative of a U-1
- I-824, Application for Action on an Approved Application or Petition
- I-131, Application for Advance Parole
- I-290B, Notice of Appeal or Motion to Reopen or Reconsider†
- I-765, Application for Employment Authorization (includes all I-765s for all applicable categories at any stage, for principals and derivatives)
T Nonimmigrants:
- Initial petitions (I-914, I-914 Supp A & B)
- I-192, Application for Waiver of Inadmissibility
- I-193, Application for Waiver of Passport
- I-539, Application to Extend Nonimmigrant Status
- I-485, Application for Waiver of Inadmissibility
- I-601, Application for Waiver of Inadmissibility
- I-824, Application for Action on an Approved Application or Petition
- I-131, Application for Advance Parole
- I-290B, Notice of Appeal or Motion to Reopen or Reconsider†
- I-765, Application for Employment Authorization (includes all I-765s for all applicable categories at any stage, for principals and derivatives)
Special Immigrant Juveniles:
- I-360, Petition for SIJ Classification
- I-485, Application to Adjust Status
- I-601, Application for Waiver of Inadmissibility
- I-601A, Application for Provisional Waiver of Unlawful Presence*
- I-824, Application for Action on an Approved Application or Petition
- I-131, Application for Advance Parole
- I-290B, Notice of Appeal or Motion to Reopen or Reconsider†
- I-765, Application for Employment Authorization (includes all I-765s for all applicable categories at any stage, including deferred action, adjustment, renewals, and replacements)
VAWA Self-Petitioners:
- I-360, Petition as VAWA Self-Petitioner
- I-485, Application to Adjust Status
- I-212, Application for Permission to Reapply for Admission
- I-601, Application for Waiver of Inadmissibility
- I-601A, Application for Provisional Waiver of Unlawful Presence
- I-824, Application for Action on an Approved Application or Petition
- I-131, Application for Advance Parole
- I-290B, Notice of Appeal or Motion to Reopen or Reconsider†
- I-765, Application for Employment Authorization (includes all I-765s for all applicable categories at any stage, including deferred action, adjustment, renewals, and replacements)
* Note: Forms I-601 and I-601A are listed as fee-exempt for U nonimmigrants and SIJs, respectively, but these forms are not typically required for these categories. The ILRC is seeking clarification from USCIS on this matter.
† Note: Form I-290B is fee-exempt for survivor-based categories for all related applications filed before adjustment of status or for Form I-485 or an associated form.
Based on the document’s information regarding the new USCIS fee exemptions for immigrant survivors of abuse, trafficking, and other crimes, I can create tables to summarize key points. Below are tables based on different sections of the document, capturing the essential information on fee exemptions, applicable forms, and additional considerations for immigrant survivors.
Categories Eligible for Fee Exemptions under the New Fee Rule
| Category | Description |
|---|---|
| T Nonimmigrants | Survivors of severe forms of human trafficking |
| U Nonimmigrants | Survivors of certain qualifying crimes |
| Special Immigrant Juveniles (SIJS) | |
| VAWA Self-Petitioners | |
| Applicants for VAWA Cancellation of Removal | |
| Afghan & Iraqi Special Immigrants | |
| Other VAWA Categories | Includes various benefits under VAWA |
Forms Fee Exempt for Survivor-Based Benefits Starting April 1, 2024
U Nonimmigrants
| Form | Description |
|---|---|
| I-918, I-918 Supp A & B | Initial petitions |
| I-192 | Application for Waiver of Inadmissibility |
| I-193 | Application for Waiver of Passport |
| I-539 | Application to Extend Nonimmigrant Status (before I-485) |
| I-485 | Application to Adjust Status |
| I-601 | Application for Waiver of Inadmissibility* |
| I-929 | Petition for Qualifying Relative of a U-1 |
| I-824 | Application for Action on an Approved Application or Petition |
| I-131 | Application for Advance Parole |
| I-290B | Notice of Appeal or Motion to Reopen or Reconsider† |
| I-765 | Application for Employment Authorization (all stages) |
(*Some forms are included for specific situations. †Fee exempt for related applications filed prior to adjustment of status or for Form I-485 or an associated form.)
Special Immigrant Juveniles, T Nonimmigrants, and VAWA Self-Petitioners
(Similar forms as listed for U Nonimmigrants are applicable to these categories with certain specific considerations.)
Fee Exemption Provisions for Derivatives
| Provision | Description |
|---|---|
| Derivative Fee Exemptions | Derivatives receive the same fee exemptions as principal applicants for related applications filed through adjustment of status. |
Impact of the New Fee Rule on Fee Waivers and Fee Reductions
| Aspect | Description |
|---|---|
| Codification of Fee Waiver Policy | Makes it harder to revoke or supersede fee waiver policy. |
| Means-Tested Benefit Category | Expanded to include benefits received by a household child. |
| Exclusion of Abuser’s Income | Applicants can exclude income of an abuser from consideration. |
| Financial Hardship Category | Clarification and expansion of factors considered for fee waiver eligibility. |
| N-400 Fee Reduction Eligibility | Expanded to households with income up to 400% of the federal poverty guidelines. |
Derivative Beneficiaries Also Benefit
The fee exemptions extend to derivative beneficiaries, meaning family members included in the principal applicant’s petition. This applies regardless of whether the family members are included in the initial petition or at a later stage, such as during adjustment of status.
For example, if a U visa petitioner includes their parents as derivatives and later marries and files an I-929 petition for their spouse at the adjustment stage, both the parents and the spouse will be entitled to the same fee exemptions as the principal applicant.
Fee Exemptions Apply Even if Fees Were Previously Paid
If an applicant falls into one of the fee-exempt categories, future applications will be exempt even if they paid fees at an earlier stage or submitted a fee waiver request. However, for applications filed before April 1st, 2024, that remain pending after the new rule takes effect, applicants will not be refunded for fees already paid.
Additionally, if a fee waiver was previously denied for an application that will be fee-exempt under the new rule, and if re-filing is available, the applicant can re-file without a fee or fee waiver request.
Switching Tracks and Fee Exemptions
The new rule suggests that fee exemptions may not apply if an individual initially sought relief as a survivor but later applies for status in a non-fee-exempt category, such as family-based adjustment of status. While the language is clear for some categories like U visas, T visas, SIJS, and Afghan and Iraqi Special Immigrants, it remains ambiguous for others like VAWA self-petitioners. The ILRC is seeking clarification from USCIS on how these situations will be handled.
Forms Still Requiring a Fee or Fee Waiver
While the new rule significantly expands fee exemptions, some forms remain subject to fees. These include applications filed after the adjustment stage, such as green card renewals (Form I-90) and applications related to citizenship and naturalization. In these cases, survivors will need to either pay the fee, apply for a fee reduction (available only for naturalization applications), or submit a fee waiver request if eligible.
Strengthening Existing Fee Waiver Policy
Although the new rule doesn’t expand who qualifies for a fee waiver, it does strengthen existing policy and practice in several ways:
- Codifying fee waiver policy: Previously, the fee waiver policy was established through agency memoranda, making it susceptible to changes in administration. Now codified in regulations, the policy is more secure and requires a formal amendment process for any future changes.
- Considering household child’s means-tested benefits: When determining fee waiver eligibility based on receipt of means-tested benefits, USCIS will now consider benefits received by a household child, such as Medicaid, SNAP, TANF, or SSI. This acknowledges that a child’s eligibility for these benefits reflects the household’s income level.
- Excluding abuser’s income: Applicants seeking benefits based on VAWA, U, or T status may exclude the income of their abuser or trafficker from their fee waiver request.
- Clarifying “financial hardship” category: The new instructions for Form I-912 (Request for Fee Waiver) provide a more comprehensive list of factors that may be considered when assessing financial hardship, including victimization, medical emergencies, divorce, and unexpected life events.
- Expanding N-400 Fee Reduction Eligibility: Previously, the reduced fee for naturalization applications was only available to households with incomes at or below 200% of the federal poverty guidelines. The new rule increases this threshold to 400%, making the fee reduction accessible to a wider range of survivors and low-income individuals.
The new USCIS fee exemptions represent a significant victory for immigrant survivors, removing financial barriers and facilitating their access to essential immigration benefits. This change will undoubtedly have a positive impact on the lives of countless individuals seeking safety and stability in the United States.
While some uncertainties remain regarding “switching tracks” and the application of certain fee exemptions, the overall direction is clear: USCIS is taking steps to make the immigration system more accessible and affordable for vulnerable populations.
The ILRC will continue to monitor developments and provide updates as more information becomes available. We encourage practitioners and survivors to familiarize themselves with the new rule and its implications for their specific situations.
