Immigrants & Immigration

A fee waiver A document that lets someone file court papers for free or at a reduced cost. is a request to file an immigration form without paying the filing fee. Fee charged for filing court documents A person must show that they can't afford the fee. People can request fee waivers with USCIS or immigration court.

USCIS has its own fee waiver form, usually Form I-912, Request for Fee Waiver. Immigration courts use a different form, EOIR-26A, Fee Waiver Request. USCIS and EOIR have different rules. A fee waiver that works for USCIS does not apply in immigration court. The opposite is also true.

USCIS only accepts fee waivers for certain types of forms or services. Review the I-912 Form instructions for the complete list of USCIS forms where fee waivers are allowed. Some of the most common forms where fee waivers are allowed are:

• Form N-400, Application for Naturalization
• Form I-90, Application to Replace Permanent Resident Card (Green Card), and
• Form I-765 Application for Employment Authorization, in some categories.

Many USCIS do not allow fee waivers. For example, the Form I-130, Petition for Alien Relative, and many employment-based immigration petitions do not allow fee waivers. This means that, no matter what, a person has to pay the fee to have their form processed.

Some fees can only be waived for certain people. For example, people generally must pay the fees for Form I-485 Application to Register Permanent Residence or Adjust Status. However, a person who already has a U visa who is now eligible to apply for LPR status can apply to have the Form I-485 fees waived.

Fees under H.R. 1
In July 2025, special fees, often referred to as H.R. 1 fees, are new fees that are separate from the regular cost to file USCIS. H.R. 1 fees are not waivable, even if the main form fee is waivable. Even if a person qualifies for a fee waiver A document that lets someone file court papers for free or at a reduced cost. for the main form, they may still have to pay these separate, non-waivable fees.

For example, people with Temporary Protected Status (TPS) can renew their work authorization card. The regular USCIS fee is $520 and the H.R. 1 fee is $280. The applicant can request a fee waiver for the $520 regular USCIS fee, but not the $280 H.R. 1 fee. They would need to include a fee waiver request and a $280 payment when they apply to renew their work authorization. 

It’s important to check the instructions for specific forms to know if a fee waiver is available, and whether there are additional unwaivable fees. The USCIS website has a Fee Schedule page, where a user can select a particular form from a dropdown menu. Then the fees for that form are listed, including any separate H.R. 1 fees that are not waivable. If the box under the specific Filing Category says “Additional Fee: Pub. L. 119-21”, this means there is a separate, unwaivable fee.

A person is eligible for a fee waiver if they cannot afford the USCIS fees. A person can show they qualify for a fee waiver if:

• They receive a means-tested benefit, or someone in their household receives a means tested benefit,
• Their household income is at or below 150% of the Federal Poverty Guidelines, or
• They are currently experiencing extreme financial hardship and cannot pay the filing fee. Fee charged for filing court documents

Means-tested benefits are public benefits that people receive because they are below a certain income level. Examples of means-tested benefits are Medicaid, Supplemental Nutrition Assistance Program (SNAP or food stamps), Temporary Assistance to Needy Families (TANF), and Supplemental Security Income (SSI). A person can show that they are receiving the benefit, or someone in their household is receiving the benefit, to qualify for the fee waiver. The family member can be a spouse, child, parent, if the applicant is under 21 or disabled, or a sibling, if the applicant and the sibling is under 21.

Extreme financial hardship means someone is experiencing an unusual difficulty that prevents them from having money to pay filing fees. Examples of financial hardship include high medical bills, recent loss of income, or emergency medical expenses.

A person can qualify for a fee waiver for more than one reason. For example, if a person receives SNAP and their household income is below 150% of the Federal Poverty Guidelines, then they can request a fee waiver based on both of those reasons.

A person will need to include evidence Anything used to show that something is true that they are eligible for the fee waiver. Learn more about how to file a fee waiver with USCIS.

People must request USCIS fee waivers by mail. They cannot be requested online. The fee waiver request and the immigration form or forms must be filed by mail together. Learn more about how to file a fee waiver with USCIS.

If USCIS denies a fee waiver, A document that lets someone file court papers for free or at a reduced cost. they will reject the entire application. This does not mean the underlying immigration application was denied. Just the fee waiver. The regular application itself is treated like it was never filed.

The fee waiver and complete application packet will be mailed back to the applicant. USCIS will also include a notice on resubmitting your application. No further processing will happen. For certain immigration benefits, there is a limited amount of time to resubmit the application with a filing fee. Fee charged for filing court documents It’s important to review the rejection notice carefully to determine when to refile. with the filing fee.

Yes. They can submit a new fee waiver A document that lets someone file court papers for free or at a reduced cost. request with better or updated evidence Anything used to show that something is true in hopes the waiver A document that gives up a legal right or excuses a requirement will be granted. They can also refile their application and pay the fee instead.

Many filings in immigration court are free, but some require a fee. Some motions, appeals, and applications require a fee. Some, but not all, of the fees can be waived. This includes the Form EOIR 42-A, Cancellation of Removal for Certain Permanent residents, and Form EOIR 26, Notice of Appeal A request to change a court's decision from a Decision of an Immigration Judge. It’s important to check the instructions for each form to see if a fee waiver A document that lets someone file court papers for free or at a reduced cost. is available.

The respondent, A person who has a petition filed against them the person who is in removal proceedings, must be able to show to the immigration judge that they are unable to pay the fee. Unlike with USCIS, there are no specific minimum requirements. For example, if someone receives SNAP, they don’t automatically qualify for a fee waiver A document that lets someone file court papers for free or at a reduced cost. in immigration court. Instead, respondents must provide information about their income and expenses. They must also provide an explanation for why they can’t pay the filing fee. Fee charged for filing court documents The judge will then decide whether a person has shown they can’t pay the fees.

Starting in August 2025, the immigration court will presume (assume) that a respondent being represented by a private attorney will be able to pay any filing fee. They assume respondents who can pay a private attorney can also afford to pay the government filing fee. A respondent may be able to overcome this presumption if they include an explanation of how they can afford a lawyer, Someone who represents clients in courts or who gives legal advice but not the fee, and the judge finds it convincing. This can be difficult. This presumption does not apply to respondents represented by legal aid counsel, Another name for a lawyer or private attorneys representing them for free.

Respondents must complete a Form EOIR-26A Fee Waiver Request and include it with the main form they are filing with the court. This can be They must also give an exact copy of what they filed with the court to the opposing government attorneys. Learn more about filing a fee waiver in immigration court.

In immigration court, every time someone files anything, they must give, or “serve” Giving court documents to someone a copy to the opposing party. A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. Department of Homeland Security (DHS) lawyers represent the government. So, if the respondent A person who has a petition filed against them is filing something with immigration court, they must also serve a copy to DHS lawyers.

A Certificate of Service tells the immigration court that the respondent served a copy of their filing to DHS. It is also known as Proof of Service. A form that explains how court papers were given to someone in a court case A Certificate of Service is a separate, written statement included with the immigration court filing that must include:

• Who was served,
• The full address where the person was served,
• The date of service,
• How they were served (for example, USPS, FedEx, UPS, or hand-deliver),
• What documents were served, and
• The signature of the person who served them. 

The EOIR court practice manual has a sample of what a Certificate of Service looks like.

The Certificate of Service must be included with all immigration court filings.

The respondent A person who has a petition filed against them has 15 days from the day the fee waiver A document that lets someone file court papers for free or at a reduced cost. was denied to refile either application by either:

• Paying the fee, or
• Filing a new fee waiver request.

A new fee waiver request should have new and better information to show a person qualifies for a fee waiver.