HQ 70/5.5 AFM Update AD07-19

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1 20 Massachusetts Avenue, N.W. Washingtn, D.C HQ 70/5.5 AFM Update AD07-19 TO: SERVICE CENTER DIRECTORS NATIONAL BENEFITS CENTER DIRECTOR DIRECTOR OF REFUGEE, ASYLUM AND INTERNATIONAL OPERATIONS REGIONAL DIRECTORS DISTRICT DIRECTORS FIELD OFFICE DIRECTORS FROM: Dnald Neufeld /s/ Acting Assciate Directr Dmestic Operatins DATE: July 20, 2007 RE: Fee Waiver Guidelines as Established by the Final Rule f the Immigratin and Naturalizatin Benefit Applicatin and Petitin Fee Schedule 1. Purpse Revisins t Adjudicatrs Field Manual (AFM) Chapters 10.9(a) (AFM Update AD07-19) This memrandum prvides field ffices with guidance fr cnsideratin and apprval f fee waiver requests cnfrming t the final fee rule, Adjustment f the Immigratin and Naturalizatin Benefit Applicatin and Petitin Fee Schedule, published in the Federal Register (FR) n May 30, See 72 Fed. Reg (May 30, 2007). 2. Backgrund The final fee rule, effective n July 30, 2007, establishes a new fee schedule fr immigratin and naturalizatin benefit applicatins and petitins and regulatins gverning eligibility fr a waiver f the required fees. Applicants and petitiners fr immigratin and naturalizatin benefits may request a waiver f the required filing fee when they shw that they are unable t pay. 8 C.F.R (c)(1). In determining inability t pay, USCIS fficers cnsider the ttality f all factrs, circumstances, and evidence the applicant supplies including age, disability, husehld incme, and qualificatin within the past 180 days fr a federal means tested benefit, as well as ther factrs assciated with each specific case. 8 C.F.R (c)(1)

2 Fee Waiver Guidelines as Established by the Final Rule f the Immigratin and Naturalizatin Benefit Applicatin and Petitin Fee Schedule (AFM Update AD07-19) Page 2 3. Field Guidance The fllwing frms and services are either fee exempt r may be eligible fr a fee waiver under 8 C.F.R (c)(1): A. Fee Exempt Frms and Exceptins Frm I-90, Applicatin t Replace Permanent Resident Card, nly if: The applicant is filing because the card issued was incrrect due t a USCIS administrative errr; The applicant is filing because he r she never received his r her card in instances where USCIS sent the card t an address ther than the address prvided by the applicant r where USCIS sent the card t the address prvided by the applicant and the card was returned undeliverable; r The applicant is filing t register at age 14 years, and the existing card will nt expire befre the applicant s 16 th birthday. Frm I-360, Petitin fr Amerasian, Widw(er), r Special Immigrant in cases invlving: Special Immigrant-Juveniles; r Self petitiners under the Vilence Against Wmen Act (VAWA). Frm I-914, Applicatin fr T Nnimmigrant Status (victims f human trafficking). Frm I-918 1, Petitin fr U Nnimmigrant Status (victims f vilent crime wh assist in the prsecutin). Frm I-129F, Petitin fr Alien Fiance(é), when a petitin fr K-3 status based n an immigrant petitin is filed by the same U.S. citizen husband r wife. Frm I-589, Applicatin fr Asylum and Withhlding f Remval, when it is a petitin fr asylum. 1 Frm I-918 will nt be in use until the interim final rule, New Classificatin fr Victims f Criminal Activity, Eligibility fr U Nnimmigrant Status, is published and effective.

3 Fee Waiver Guidelines as Established by the Final Rule f the Immigratin and Naturalizatin Benefit Applicatin and Petitin Fee Schedule (AFM Update AD07-19) Page 3 Frm I-600, Petitin t Classify Orphan as Immediate Relative, where filed t adpt a sibling f an adpted r prspective adptee rphan based n an apprved Frm I-600A. Frm I-730, Refugee/Asylee Relative Petitin. Frm N-400, Applicatin fr Naturalizatin, if thrugh service in the U.S. Armed Frces. Frm N-644, Applicatin fr Psthumus Citizenship. B. Frms and Services Eligible fr a Fee Waiver Based n an Inability t Pay. 2 Bimetrics services fee. USCIS has the discretin t waive the bimetric services fee based n an inability t pay. Frm I-90, Applicatin t Replace Permanent Resident Card. Frm I-290B, Ntice f Appeal t the Administrative Appeals Office (AAO), fr appeals and mtins filed with USCIS relating t the frms specified in 8 C.F.R (c). Frm I-485, Applicatin T Register Permanent Residence r Adjust Status, in the fllwing circumstances: An alien in lawful nnimmigrant T status (victims f human trafficking), under sectin 101(a)(15)(T) f the Act; U status (victims f vilent crime wh assist in the prsecutin), under sectin 101(a)(15) (U) f the Act; An asylee applying fr adjustment f status under sectin 209(b) f the Act; An apprved self-petitining battered r abused spuse r child f a United States citizen r lawful permanent resident under the Vilence Against Wmen Act (VAWA); r An alien t whm sectin 212(a)(4) f the Act, excludability due t likelihd f becming a public charge, des nt apply, including: - Applicatins fr Special Immigrant-Juveniles; r 2 See sectin 212(a)(4) f the Act and Chapter 10.9(b)(1) f the Adjudicatr s Field Manual fr a definitin f and methds t determine an inability t pay.

4 Fee Waiver Guidelines as Established by the Final Rule f the Immigratin and Naturalizatin Benefit Applicatin and Petitin Fee Schedule (AFM Update AD07-19) Page 4 - Applicatins based n the Cuban Adjustment Act, Haitian Refugee Immigratin Fairness Act (HRIFA), and the Nicaraguan Adjustment and Central American Relief Act (NACARA). Frm I-600, Petitin t Classify an Orphan as Immediate Relative. One Frm I-600 is free with a Frm I-600A filing fee, if the Frm I-600 is filed befre the Frm I-600A apprval expires, r if the beneficiary f a later Frm I-600 is the sibling f an earlier Frm I-600. Frm I-751, Petitin t Remve Cnditins n Residence. Frm I-765, Applicatin fr Emplyment Authrizatin t request an Emplyment Authrizatin Dcument (EAD). Frm I-817, Applicatin fr Family Unity Benefits fr Status under the Family Unity Prgram. Frm I-821, Applicatin fr Temprary Prtected Status. Frm N-300, Applicatin t File Declaratin f Intentin, t apply fr U.S. Citizenship. Frm N-336, Request fr Hearing n a Decisin in Naturalizatin Prcedures Under Sectin 336 f the Act, t request a hearing n an unfavrable decisin related t a Naturalizatin applicatin. Frm N-400, Applicatin fr Naturalizatin. Frm N-470, Applicatin t Preserve Residence fr Naturalizatin Purpses. Frm N-565, Applicatin fr Replacement f Naturalizatin/Citizenship Certificate. Frm N-600K, Applicatin fr Citizenship and Issuance f Certificate under Sectin 322 f the Act t recgnize U.S. citizenship fr an adpted child. 4. Adjudicatr s Field Manual (AFM) Update Chapter 10.9 f the Adjudicatr s Field Manual (AFM) prvides guidance regarding fee waivers. Effective July 30, 2007, chapter 10.9(a) is revised as fllws: (a) Implementatin [Revisin effective July 30, 2007]

5 Fee Waiver Guidelines as Established by the Final Rule f the Immigratin and Naturalizatin Benefit Applicatin and Petitin Fee Schedule (AFM Update AD07-19) Page 5 (1) Applicability. All pending and newly submitted fee waiver requests shuld be reviewed under these guidelines. These guidelines apply t thse applicatins, petitins, mtins, and requests filing fees cntained in 8 CFR 103.7(b). Pursuant t 8 CFR 103.7(c)(5), n fee relating t any applicatin, petitin, appeal, mtin, r request made t United States Citizenship and Immigratin Services may be waived under 8 CFR 103.7(c)(1) except fr the fllwing: Bimetrics; Frm I-90; Frm I-485 (nly in the case f an alien in lawful nnimmigrant status under sectins 101(a)(15)(T) r (U) f the Act; an applicant under sectin 209(b) f the Act; an apprved self-petitining battered r abused spuse, parent, r child f a United States citizen r lawful permanent resident; r an alien t whm sectin 212(a)(4) f the Act des nt apply with respect t adjustment f status); Frm I-751; Frm I-765; Frm I-817; Frm N-300; Frm N-336; Frm N-400; Frm N-470; Frm N-565; Frm N-600; Frm N-600K; and Frm I-290B and mtins filed with United States Citizenship and Immigratin Services relating t the specified frms in 8 CFR 103.7(c).

6 Fee Waiver Guidelines as Established by the Final Rule f the Immigratin and Naturalizatin Benefit Applicatin and Petitin Fee Schedule (AFM Update AD07-19) Page 6 There are certain applicatins and petitins listed in 8 CFR 103.7(b), which are exempt frm fee waivers r have specific fee exemptins and therefre wuld nt fall under these fee waiver guidelines. Nte: See Appendix fr a detailed list f (1) fee exempt frms and exceptins; and (2) frms and services eligible fr a fee waiver based n an inability pay. (2) Dcumentatin. Alng with the affidavit r unswrn declaratin pursuant t 28 U.S.C. 1746, as required by 8 C.F.R (c), the applicant may submit additinal dcumentatin t prvide prf f the "inability t pay. Fee waiver requests shuld be decided based upn the affidavit and any additinal dcumentatin submitted in supprt f the fee waiver request. A fee waiver request may be apprved in the absence f such additinal dcumentatin prvided that the applicant s affidavit r unswrn declaratin is sufficiently detailed t substantiate his r her inability t pay the fee. If the CIS Officer determines that the individual did nt substantiate his r her inability t pay, then the fee waiver request shuld be denied. (3) Submissin f Bth Fee and Fee Waiver Request. When a frm is submitted with bth the apprpriate fee fr the frm and a fee waiver request, the frm shuld be prcessed, if therwise acceptable, as prperly filed with fee. N subsequent cnsideratin shuld be given t, nr actin taken n the fee waiver request. Appendix is added as fllws: Appendix Fee Waiver Guidelines Fee Exempt Frms and Exceptins Frm Number and Name Frm I-90, Applicatin t Replace Permanent Resident Card Applicability and Cmments There are three exceptins t having t pay the applicatin filing fee: If the applicant is filing nly because the card issued was incrrect due t a USCIS administrative errr. Hwever, if the errr was nt caused by USCIS, bth applicatin and bimetrics fees are required. If the applicant is filing nly because he r she never received his r her card. Hwever, if the card was sent t the address prvided and never returned t

7 Fee Waiver Guidelines as Established by the Final Rule f the Immigratin and Naturalizatin Benefit Applicatin and Petitin Fee Schedule (AFM Update AD07-19) Page 7 Fee Exempt Frms and Exceptins Frm Number and Name Applicability and Cmments USCIS, the applicatin will be rejected. If the applicant is filing nly t register at age 14 years, and the existing card will nt expire befre the applicant s 16 th birthday. I-360, Petitin fr Amerasian, Widw(er), r Special Immigrant Applies when petitin is fr: Special Immigrant-Juveniles; r Self petitiners under the Vilence Against Wmen Act (VAWA) I-914, Applicatin fr T Nnimmigrant Status (victims f human trafficking) I-918, Petitin fr U Nnimmigrant Status (victims f vilent crime wh assist in the prsecutin) I-129F, Petitin fr Alien Fiance(é) I-589, Applicatin fr Asylum and Withhlding f Remval I-600, Petitin t Classify Orphan as Immediate Relative Frm I-918 will nt be in use until the interim final rule, New Classificatin fr Victims f Criminal Activity, Eligibility fr U Nnimmigrant Status, is published and effective. Applies when a petitin fr K-3 status based n an immigrant petitin is filed by the same U.S. citizen husband r wife. Applies when it is a petitin fr asylum. Applies where a petitin t classify an rphan as an immediate relative r t adpt a sibling f an adpted r prspective adptee rphan is based n an apprved Frm I-600A. I-730, Refugee/Asylee Relative Petitin N-400, Applicatin fr Naturalizatin Applies if thrugh service in the U.S. Armed Frces. N-644, Applicatin fr Psthumus Citizenship

8 Fee Waiver Guidelines as Established by the Final Rule f the Immigratin and Naturalizatin Benefit Applicatin and Petitin Fee Schedule (AFM Update AD07-19) Page 8 Frms and Services Eligible fr a Fee Waiver Based n an Inability t Pay* Service and/r Frm Number and Name Bimetrics services fee Applicability and Cmments USCIS has the discretin t waive the bimetric fee based n an inability t pay. I-90, Applicatin t Replace Permanent Resident Card I-290B, Ntice f Appeal t the Administrative Appeals Office (AAO) I-485, Applicatin T Register Permanent Residence r Adjust Status Fr appeals and mtins filed with USCIS relating t the frms specified in 8 CFR 103.7(c). Applies in the fllwing cases: An alien in lawful nnimmigrant T status (victims f human trafficking), under sectin 101(a)(15)(T) f the Act; U status (victims f vilent crime wh assist in the prsecutin), under sectin 101(a)(15) (U) f the Act; An asylee applying fr adjustment f status under sectin 209(b) f the Act; An apprved self-petitining battered r abused spuse r child f a United States citizen r lawful permanent resident under the Vilence Against Wmen Act (VAWA); r An alien t whm sectin 212(a)(4) f the Act, excludability due likelihd f becming a public charge, des nt apply, including: Applicatins fr Special Immigrant- Juveniles; r Applicatins based n the Cuban Adjustment Act, Haitian Refugee Immigratin Fairness Act (HRIFA), and the Nicaraguan Adjustment and Central American Relief Act (NACARA). I-751, Petitin t Remve Cnditins n Residence

9 Fee Waiver Guidelines as Established by the Final Rule f the Immigratin and Naturalizatin Benefit Applicatin and Petitin Fee Schedule (AFM Update AD07-19) Page 9 Frms and Services Eligible fr a Fee Waiver Based n an Inability t Pay* Service and/r Frm Number and Name I-765, Applicatin fr Emplyment Authrizatin Applicability and Cmments T request an Emplyment Authrizatin Dcument (EAD) I-817, Applicatin fr Family Unity Benefits fr Status under the Family Unity Prgram N-300, Applicatin t File Declaratin f Intentin T apply fr a Declaratin f Intentin t becme a U.S. citizen. N-336, Request fr a Hearing n a Decisin in Naturalizatin Prceedings Under Sectin 336 f the Act T request a hearing n an unfavrable decisin related t a Naturalizatin applicatin. N-400, Applicatin fr Naturalizatin N-470, Applicatin t Preserve Residence fr Naturalizatin Purpses N-565, Applicatin fr Replacement f Naturalizatin/Citizenship Certificate N-600, Applicatin fr Certificate f Citizenship N-600K, Applicatin fr Citizenship and Issuance f Certificate under Sectin 322 f the Act T recgnize U.S. citizenship fr an adpted child. * See sectin 212(a)(4) f the Act and Chapter 10.9(b)(1) f the Adjudicatr s Field Manual fr a definitin f and methds t determine an inability t pay.

10 Fee Waiver Guidelines as Established by the Final Rule f the Immigratin and Naturalizatin Benefit Applicatin and Petitin Fee Schedule (AFM Update AD07-19) Page 10 The AFM Transmittal Memranda buttn is revised by adding new entries, in numerical rder, t read: AD07-19 [update effective ] Chapters: 10.9(a) Appendix This memrandum revises Adjudicatr s Field Manual (AFM) Chapters 10.9(a) and adds Appendix t reflect mdificatins t the availability f fee waivers by the final rule Adjustment f the Immigratin and Naturalizatin Benefit Applicatin and Petitin Fee Schedule. 72 FR (May 30, 2007). This rule is effective n July 30, Cntact Infrmatin USCIS persnnel with questins regarding this memrandum shuld raise them thrugh apprpriate channels t Claudia Yung, Dmestic Operatins Directrate.

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