An undocumented immigrant in the United States must file Form I-821D, Consideration of Deferred Action for Childhood Arrivals, to request deferred action. Along with that Form I-765, Application for Employment Authorization and Form I-765WS, Form I-765 Worksheet, must be filed.
A total filing fee of $465 must be paid and a fee waiver may be granted only in limited circumstances. If you cannot pay the required fee to request deferred action, you may submit a letter along with certain supporting documents, to establish your eligibility to receive a fee waiver.
• You may be granted a if you are below age 18 and if you are homeless or lacking parental support. • If you are physically disabled or if you suffer from prolonged disability, unable to take care of yourself, you may request a fee waiver. • You may be granted a waiver, if you had accumulated more than $25,000 in debt and if the debt was due to unreimbursed medical expenses that was made for yourself or your immediate family member.
In all the above three cases, to become eligible for a fee waiver, your income must be lesser than 150% of the US poverty level. Remember that you must not file Form I-821D, without a fee, until your request for a fee waiver is adjudicated by the USCIS. Form I-821D, Form I-765 and Form I-765WS, will be rejected if you file them without a fee and if no record is found that a waiver is granted.
To request fee waiver, you must send a letter to the USCIS, explaining the reason for which you are requesting fee waiver. You must provide the required documentation to support your request. Sign the letter and mail it to a USCIS lockbox.
Once the USCIS receives your letter, the USCIS officers will review your letter and your documents to determine your eligibility. Additional documents if required must be provided and an approval or a denial letter letter will be mailed to you after a decision is made.
To establish your eligibility, you may submit the required documents based on your category. If you are below age 18 and if you are homeless, you may submit copies of your birth certificate along with a letter from an agency, stating that you are in foster care.
You may submit copies of your medical records if you suffer from a chronic disability. If you had accumulated debts within the past 12 months, you may submit copies of unreimbursed medical bills or other records of $25,000 or more.
If your request for a fee waiver is approved by the USCIS and if you receive an approval letter, you must attach a copy of that letter to the package containing Form I-821D, Form I-765 and Form I-765WS and mail it to a USCIS lockbox facility. If your request is not accepted by the USCIS, you may choose to file your application with the required fee or resubmit a fee exemption request with additional documents.
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