Fee Waiver – Deferred Action

There is no fee to request deferred action, however a fee of $465 must be paid to file Forms I-765 and I-765WS and for biometrics. As you must file Form I-821D to request deferred action along with an application for employment authorization, you must send the application package along with the fee. Applications without a fee will be rejected by the USCIS. Generally a fee waiver is not available but fee waivers may be granted in certain rare circumstances. Appropriate documentation must accompany your request for a fee waiver.

You may request a fee waiver if you are below age 18 and if you are in foster care lacking parental support. You may also request a fee waiver if you are unable to take care of yourself because of a severe disability or if you are financially overburdened as a result of unreimbursed medical bills. It is important to attach relevant documents to establish your eligibility. Documents such as your birth certificate may be provided to prove that you are below age 18 and you may provide affidavits or letters to show that you are in foster care. Tax returns or bank statements may be submitted to prove that your income is not more that 150% of the US poverty level. If you request a fee waiver because of your disability, you must submit copies of your medical reports.

To request a fee waiver, you must write a letter to the USCIS describing your particular problem. You must attach with the letter copies of documents supporting your cause. USCIS will then review your request and your supporting documents and will decide on your case. Your request may either be denied or approved and you will be sent a letter containing the decision of the USCIS. In certain cases, if the supporting documents are insufficient to establish your eligibility for a fee waiver, USCIS may request more information. And if your fee waiver request is denied, you may send another request with additional documents, before you could file an application for deferred action.

Remember that you must not send an application to request deferred action, without a fee, until you receive a letter of confirmation from the USCIS. If your request is approved, you must mail a copy of the letter that you received from the USCIS that states that your fee has been waived, along with the application package. If you file Form I-821D without a fee and without the confirmation letter, your application will be denied. If your request for a fee exemption is denied by the USCIS, you must file an application to request deferred action with the appropriate filing fee or you may also re-send your request for a fee waiver.