Can You Request Fee Waiver When Applying for Naturalized Citizenship on Form N-400?

If you can't afford the N-400 fee, it's possible--but not always wise--to request a waiver.

Are you a lawful permanent resident who is now eligible to apply for naturalized U.S. citizenship? Congratulations! Applying for U.S. citizenship is an exciting moment for most immigrants, and is the last step in the U.S. immigration processes.

Often, immigrants have spent years of waiting, attended multiple immigration interviews, and paid thousands of dollars in filing fees just to get to this point. But what happens when you are finally ready to naturalize, but you cannot afford to pay the filing fee?

The options depend on your household income level.

Requesting a Reduced Fee

If your family income is above 150% but not more than 200% of the U.S. federal Poverty Guidelines, you might qualify for a reduced fee. (See 8 C.F.R. § 103.7(b)(1)(i)(BBB).) You'll need to fill out Form I-942. You will still be required to pay the full biometric services fee.

Requesting a Full Fee Waiver From USCIS

If your family income is below or equal to 150% of the U.S. federal Poverty Guidelines levels, you might qualify for a waiver of the entire N-400 fee, biometrics included. USCIS outlines the forms that qualify for a fee waiver in its 2011 Policy Memorandum, and the Form N-400, Application for Naturalization, is on the list.

To apply for a fee waiver, the easiest method is to fill out Form I-912, Request for Fee Waiver, and submit any supporting documents (although the regulations require only a "written request." See 8 C.F.R. § 103.7(c)(2).). Read Filling Out Form I-912 for a Fee Waiver, for detailed instructions on how to obtain and fill out the form and when and how to file it.

Also carefully read the Instructions for Request for Fee Waiver on USCIS’s website for details on what documents you should submit as evidence of financial hardship.

How Does USCIS Decide Whether to Approve a Request For a Fee Waiver?

When deciding whether to approve a I-912 Request for Fee Waiver, USCIS will determine whether you fall into one of the following three categories:

  • You or a qualified member of your household is currently receiving a means-tested benefit. A means-tested benefit is one for which the person's income and/or resources determine eligibility and/or the benefit amount.

  • You can demonstrate that your household income is at or below the 150% poverty guidelines level at the time you file the Request for Fee Waiver, or

  • You are experiencing a financial hardship that prevents you from paying the filing fee, including unexpected medical bills or emergencies.

If you believe that you might fall into one of these categories, you will need to prove it by submitting supporting documents. If USCIS determines, based on the documentation you submit, that you fall into one of these categories, it will likely approve your Request for Fee Waiver.

Will Requesting a Fee Waiver Affect Your Application for Naturalization?

Although applicants for naturalization are eligible to apply for a fee waiver, submitting such a request could affect both the merits and the processing of their Application for Naturalization, as follows.

Risking Your Good Moral Character Finding

To apply for naturalization, a person must meet multiple requirements, and one of those is that the applicant must prove that he or she is a person of good moral character.

Obviously there is nothing inherently wrong with having a low income. Sometimes, however, requesting a fee waiver brings to light issues that go against a good moral character finding.

If, for example, an applicant took advantage of a public benefit to which he or she was not entitled, such as welfare or food stamps, USCIS could find that the person committed fraud. Or, if the person is struggling financially because of credit judgments against him or her, or filed for bankruptcy, USCIS might find that he or she took advantage of the U.S. economic structure or deprived others financially.

Additionally, if USCIS finds that the applicant is failing to pay child support, even if the applicant is failing to do so because of a significant financial strain, USCIS can, by law, find that the applicant lacks good moral character.

These are just examples of situations in which USCIS could use information submitted with the Request for Fee Waiver to determine that a person is not eligible for naturalization. If you plan to request a fee waiver along with your naturalization application, carefully review all of the information on Form I-912 and the evidence you submit in support of your request to make sure that you are not highlighting damaging information, or see a lawyer for a full analysis.

Risking USCIS Delaying Your Case While Considering Fee Waiver

Aside from affecting the merits of your naturalization case, applying for a fee waiver can slow down its processing time. USCIS will first need to review the fee waiver request before it can review the Application for Naturalization.

What's more, if USCIS determines that you are not eligible for a fee waiver, it will send the entire naturalization package back to you to request that you pay the filing fee. USCIS will not review your Application for Naturalization and it will not issue a Receipt Notice until it gets your payment.

This whole back-and-forth process can slow down USCIS’s processing of a naturalization application by weeks or months. This is important to consider, especially if you are in a hurry to naturalize. Perhaps you want to travel for an extended period of time, but you do not want to violate the terms of your permanent residence. Or maybe an election is coming up in which you plan to vote. When making the decision of whether or not to request a fee waiver, consider all of the possible effects.

Talk to a Lawyer

Need a lawyer? Start here.

How it Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you
NEED IMMIGRATION HELP ?

Talk to an Immigration attorney.

We've helped 85 clients find attorneys today.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you