The INS recognizes that in certain instances, aliens who wish to apply for citizenship are unable to do so because they can not afford to pay the application fee. To ensure that the naturalization process is accessible to all who wish to apply, the INS has it within its jurisdiction to waive the citizenship application fee if an applicant can sufficiently establish an "inability to pay".

To help you in the fee waiver application process, Jewish Family and Children's Services will be offering fee waiver application assistance that includes documentation review, assessment by JFCS' immigration attorneys regarding the overall eligibility of the applicant, and tracking of fee waiver requests with the INS once they have been filed. JFCS will charge a non-refundable $35 fee per applicant for fee waiver assistance. If you are interested in obtaining this service, please let us know at JFCS' N-400 Group Processing. Please note that, unfortunately, JFCS is not able to assist you in applying for a fee waiver request if you are not applying for citizenship through our agency.

When making your decision whether to apply for a waiver, we advise that you consider carefully your genuine need for the fee waiver and to what extent you fulfill all the criteria before applying. JFCS processing of your fee waiver application could delay the filing of your citizenship application by several months. In addition, denial of a fee waiver request by the INS will mean that your entire citizenship application package will be returned and that you must begin the application process again by refilling for citizenship with the appropriate fee. JFCS fees will not be refunded even if the fee waiver request is denied. This will certainly cause a considerable delay in the processing of your application.

Who should be applying for a fee waiver?
The INS has made it very clear that it will grant fee waivers only to those applicants who can clearly demonstrate an "inability to pay" the application fee. In other words, INS will grant a fee waiver request only to those applicants who would not otherwise apply because of the fee.

How do I apply for a fee waiver?
If you decide to apply for a fee waiver, it is mandatory that you attend a consultation with a JFCS Citizenship staff member. All necessary information and documentation will need to be gathered prior to this meeting.

What criteria will the INS use to determine if I am eligible to receive a fee waiver?
INS will consider the following situations and criteria in adjudicating the fee waiver request:

• Whether an applicant qualifies or receives a "federal means-tested public benefit." Examples of such benefits include, but are not limited to Food Stamps, Medicaid, and SSI;
• Whether an applicant has demonstrated that his or her household income for the most recent tax year is at or below the poverty level;
• Whether an applicant is elderly (age 65 and over, at the time the fee request is submitted);
• Whether an applicant is disabled. The disability should have been previously determined by the Social Security Administration (SSA), Health and Human Services (HHS), Veteran's Administration (VA), Department of Defense (DOD) or other appropriate federal agency;
• The age and number of dependents in an applicant's family household who are also requesting fee waivers;
• Humanitarian or compassionate reasons, either temporary or permanent, which justify a granting of a fee waiver request. For example: the applicant is temporarily destitute; the applicant does not own, possess, or control assets sufficient to pay the fee without causing substantial hardship; or an applicant is on a fixed income and confined to a nursing home;
• Any other evidence or factors that establish an applicant's "inability to pay" the required filing fees.

How many of the criteria must I meet to receive a fee waiver?
There is no set number of criteria that an applicant must fulfill to receive a fee waiver. All applications are considered by the INS on a case by case basis. Therefore, it should not be assumed that an applicant who meets one or even all of the criteria will automatically be granted a waiver.

What kind of documentation must I provide in order to prove that I am "unable to pay" the application fee?
Documentation, such as the suggested examples listed below, may be submitted to provide proof of the "inability to pay:"

• Evidence that an applicant has, within the last 180 days, qualified for or received a "federal means tested pubic benefit;"
• In case of disability, documentation showing that the disability has been previously determined by the Social Security Administration, Health and Human Services, Veteran's Administration, the Department of Defense or other appropriate federal agencies;
• Employment records; pay stubs; W-2 forms, letter(s) from employer(s), and income tax returns (proof of filing an income tax return) for the applicant. These documents may able be submitted for his/her dependents in the United States;
• Rent receipts, utility bills (such as gas, electricity, telephone, water), food, medical expenses, child care and receipts for other essential expenditures;
• Documentation to show all assets owned by you or your dependents living in the United States;
• Evidence of applicant's living arrangements in the United States (living with relatives, living in your own house or apartment), and evidence of whether your spouse, children, or other dependents are living in your household in the United States;
• Evidence of essential, unexpected expenditures made by you or your dependents living in the United States.

If I request a fee waiver, will it take longer for me to become a citizen?
Absolutely! Before JFCS can send your fee waiver request, it is necessary for you to gather multiple documents, for us to carefully review them, and for our attorneys to determine the overall eligibility of your case. This process could take up to several months, which would delay the filing of your citizenship application. Furthermore, it is not clear at this point how long it will take the INS to make decisions on fee waiver requests. Only after these decisions are made and if it is decided that you will be granted a fee waiver will the processing of all your other application materials begin. If your fee waiver request is denied after this waiting period, your entire citizenship application package will be returned, and you must begin the application process again by refilling for citizenship with the appropriate fee.