No High Fee for Form I-485: If you’re thinking about applying for a U.S. green card through Form I-485 (Application to Register Permanent Residence or Adjust Status), you may have heard about the hefty filing fees that come with it. The U.S. Citizenship and Immigration Services (USCIS) charges a fee for most applicants, but the good news is that not everyone has to pay. In fact, there are specific exemptions and options for fee waivers that could save you hundreds of dollars. In this article, we’ll explain who qualifies for these exemptions, what the filing fees cover, and how to apply for a fee waiver.
Whether you’re a first-time applicant or someone who has been navigating the immigration process for a while, understanding these details can help make your journey to permanent residency smoother and more affordable.
No High Fee for Form I-485
| Key Data | Important Information |
|---|---|
| Form I-485 Filing Fee | $1,440 (as of April 2024) |
| Exemptions from Filing Fee | Asylees, refugees, T visa holders, U visa holders, VAWA applicants |
| Eligibility for Fee Waiver | Must meet income-based criteria, or demonstrate financial hardship. |
| Fee Waiver Form | Form I-912 (Request for Fee Waiver) |
| Official Source for Updates | USCIS Official Website |
Filing for a green card via Form I-485 can be an expensive process, but if you qualify for certain exemptions or fee waivers, you may be able to save hundreds of dollars. Asylum seekers, refugees, T and U visa holders, and VAWA applicants are among the groups who do not need to pay the Form I-485 filing fee. Additionally, applicants who meet specific financial criteria can apply for a fee waiver.
What is Form I-485 and Why Does it Matter?
Form I-485 is the application used to adjust your status to that of a lawful permanent resident of the United States. It’s the essential form for anyone who has been granted asylum, who is already in the U.S. on a visa and wants to become a permanent resident, or who is trying to gain permanent residency through a family member or employment.
However, it’s important to note that filing for a green card is not a free process. Applicants must pay a fee to process this application. This fee helps cover the costs of biometric services, record keeping, and the administration of the application process.
What is the Current Filing Fee for Form I-485?
As of April 1, 2024, the standard fee for filing Form I-485 is $1,440. This fee includes the cost of the application itself, along with fees for biometrics services (such as fingerprinting). Biometrics are required for all applicants between the ages of 14 and 79 to verify your identity and security clearances.
The fee is subject to change, so it’s always a good idea to check the latest information on the official USCIS website before submitting your application.
Who is Exempt from Paying the Form I-485 Filing Fee?
While the filing fee for Form I-485 is quite substantial, there are important exemptions to keep in mind. These exemptions are aimed at ensuring that vulnerable populations aren’t unduly burdened by the cost of applying for permanent residency.
1. Asylees and Refugees
If you’ve been granted asylum or refugee status in the U.S., you don’t need to pay the Form I-485 filing fee. This is a significant cost-saving measure for individuals who are already in the U.S. under protection from persecution and are seeking to adjust their status to a permanent resident.
2. Special Immigrant Juveniles (SIJ)
Special Immigrant Juveniles are young individuals who have been abused, abandoned, or neglected by their parents. These individuals are granted special immigration status, and they are exempt from the Form I-485 filing fee.
3. Victims of Human Trafficking (T Visa Holders)
Individuals who are victims of human trafficking and have been granted T nonimmigrant status are also exempt from the Form I-485 filing fee. The T visa provides protection to those who have suffered from severe forms of trafficking and are assisting law enforcement with investigations.
4. Victims of Certain Crimes (U Visa Holders)
U visa holders, or those who have been the victims of certain crimes (such as domestic violence or sexual assault), are eligible for a fee exemption when filing for a green card. The U visa is specifically designed for individuals who are cooperating with law enforcement in the investigation or prosecution of these crimes.
5. Violence Against Women Act (VAWA) Applicants
The Violence Against Women Act allows certain survivors of domestic violence, including spouses, children, and parents of U.S. citizens or lawful permanent residents, to apply for a green card independently of their abuser. These applicants are also exempt from the filing fee for Form I-485.
Who Can Apply for a Fee Waiver?
Even if you don’t fall under one of the above categories, there is still a possibility of avoiding the Form I-485 filing fee if you meet certain financial criteria. USCIS offers a fee waiver for those who can demonstrate an inability to pay the filing fee.
To apply for a fee waiver, you must submit Form I-912 (Request for Fee Waiver) along with your Form I-485. You’ll need to provide evidence of your financial situation, including:
- Proof of means-tested benefits: If you or a qualifying family member are receiving certain public assistance programs (e.g., Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), or Medicaid), you may qualify for a fee waiver.
- Income at or below 150% of the Federal Poverty Guidelines: If your household income is at or below 150% of the Federal Poverty Guidelines, you may qualify. This threshold varies by state, so it’s important to check the latest figures for your location.
- Financial hardship: If you are facing extreme financial hardship, such as an unexpected medical expense or other unforeseen costs, you may be able to show that you are unable to pay the filing fee.
How to Apply for a Fee Waiver
To request a fee waiver, complete and submit Form I-912, Request for Fee Waiver, alongside your Form I-485 application. Be prepared to submit supporting documents like proof of income, benefits, or other financial hardships. USCIS will review your application and determine whether you qualify for a fee waiver.
Important Considerations:
- Fee waivers are only available for certain forms, and Form I-485 is one of them. However, not all immigration forms qualify for this waiver.
- The process of requesting a fee waiver can add time to your application process. Make sure you allow extra time for USCIS to review your request.
How to Submit Your I-485 Application
If you’re ready to file your I-485, follow these steps to ensure that your application is complete and accurate:
Step 1: Determine Your Eligibility
Before filing Form I-485, make sure you’re eligible to adjust your status. You must be in the U.S. legally (on a valid visa, for example) and meet other eligibility requirements.
Step 2: Gather Required Documents
You’ll need to gather documents that support your eligibility, including:
- Passport-sized photographs
- Birth certificate and government-issued identification
- Proof of lawful entry into the U.S. (e.g., visa, passport)
- Any supporting evidence based on your immigration status or category (e.g., marriage certificate, family relationship, etc.)
Step 3: Complete the Form I-485
You can complete Form I-485 online or via a paper submission. Be sure to read all instructions carefully and fill out the form completely to avoid delays.
Step 4: Submit Your Application and Pay the Fee
Submit your application along with the required fee, or request a fee waiver if you qualify. If you’re submitting paper forms, send them to the appropriate address provided by USCIS.
Step 5: Attend Biometrics Appointment
If you’re between the ages of 14 and 79, you’ll be required to attend a biometrics appointment to have your fingerprints taken and undergo a background check.
Step 6: Await a Decision
USCIS will process your application and may request additional information or documentation. Once your application is processed, you’ll receive a notice about your green card approval or further steps.
Additional Tips to Ensure a Smooth Application Process
Here are a few additional tips to help make your application process as smooth and efficient as possible:
1. Check and Double-Check Your Application
Before submitting your Form I-485, review it carefully to ensure that all sections are complete and accurate. Incomplete or inaccurate forms can lead to delays or rejections.
2. Keep Copies of Everything
Make copies of all forms, supporting documents, and correspondence with USCIS. This will help you track your application and resolve any issues that may arise.
3. Stay on Top of USCIS Requests
If USCIS requests additional documents or an interview, respond as quickly as possible. Delays in providing requested information can prolong your application process.
4. Consider Legal Assistance
If you’re unsure about your eligibility or need help with the paperwork, consider consulting an immigration attorney. They can offer expert advice and guide you through the process to help avoid costly mistakes.
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FAQs
1. How long does it take to get a green card through Form I-485?
Processing times vary depending on the category of your application and the USCIS service center handling your case. It can take anywhere from several months to over a year.
2. Can I work while my Form I-485 is pending?
Yes, you can apply for work authorization while your I-485 is pending. This can be done through Form I-765 (Application for Employment Authorization).
3. What if I don’t qualify for a fee exemption or waiver?
If you don’t qualify for a fee exemption or waiver, you’ll need to pay the standard filing fee. Ensure that you’re prepared for the costs involved.
4. What are the chances of getting a fee waiver approved?
If you can demonstrate that you meet the income or hardship criteria, your chances of getting a fee waiver approved are generally good. However, USCIS reviews each case individually.
