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Is there any way to get the waiver of the immigration filing fees for adjusting status?

Saint Augustine, FL |

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?

Attorney Answers 7


  1. 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.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. 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., kristy@negri-torres.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.


  3. I agree with my colleagues . Not really.


  4. USCIS AOS is a fee driven process and to my knowledge it is not possible to waive these particular fees.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois 773-562-8602


  5. 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.


  6. 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.


  7. 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.

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