I have been out of status since more than 3 years and married to a US citizen. Due to my inability to find a job, I can't afford to pay for the 1,500$ or so government fees for filing and adjusting the status. Is there any way I can request for the waiver?
You can request it, but based on practical experience, it is highly doubtful USCIS will agree to grant you the fee waiver. USCIS abhors approving those waivers. Period. If they end up approving you, please let us know.
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I'm sorry. There is no fee waiver presently available for the I-485 Adjustment of Status application.
Please note, the above answer is for general informational purposes only. We are a full-service immigration and criminal defense law firm, representing clients in all 50 states and worldwide. Kristy Figueroa-Contreras, Esq., email@example.com, NEGRI, TORRES & FIGUEROA-CONTRERAS, PA, The Minorca, Suite 214, 2030 South Douglas Road, Miami, FL 33134, Tel. (305) 639-8599. Hablamos español. Falamos português.
I agree with my colleagues . Not really.
USCIS AOS is a fee driven process and to my knowledge it is not possible to waive these particular fees.
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Yes you may file a need based waiver.
This is not legal advice and a client attorney relationship is not created. You should not rely solely on the information provided in this page as every case is different and laws are in a constant state of change.
The rule is that you are not eligible for a fee waiver when filing an application or petition that requires a showing that you have a sponsor whose income meets the required guidelines.
General Practice Lawyer
You can request a waiver. There is a form to be submitted to request the waiver, but do not count on it being granted. This system is fee supported. The USCIS does not grant fee waivers very often.
I am not your lawyer and this should not be considered the giving of legal advice.