Guidance for an Exemption from the Fees for a Form I-821D, Consideration of Deferred Action for Childhood Arrivals and Related Form I-765, Application for Employment Authorization

To request Consideration of Deferred Action for Childhood Arrivals, you must file:

• Form I-821D, Consideration of Deferred Action for Childhood Arrivals;
• Form I-765, Application for Employment Authorization; and
• Form I-765WS, Form I-765 Worksheet.

We cannot waive the filing fees to request consideration of deferred action for childhood arrivals, including employment authorization. Fee exemptions are available in very limited circumstances for a Form I-821D and related Form I-765. To be considered for a fee exemption for a Form I-821D and related Form I-765, you must submit a letter and supporting documentation demonstrating that you meet one of the following conditions:

• You cannot care for yourself because you suffer from a serious chronic disability and your income is less than 150% of the U.S. poverty level;
• At the time of the request, you have accumulated $10,000 or more in debt in the past 12 months as the result of unreimbursed medical expenses for yourself or an immediate family member and your income is less than 150% of the U.S. poverty level; or
• You are under 18 years of age, your income is less than 150% of the U.S. poverty level, and you are:
  • Homeless;
  • In foster care; or
  • Otherwise lacking any parental or other familial support.

You must file a request for a fee exemption, and we must approve it, before you file a request for consideration of deferred action for childhood arrivals without a fee. If you submit Form I-821D, Form I-765 and Form I-765WS to a USCIS Lockbox facility without a fee, and there is no record of a fee exemption request that we approved, we will reject your forms and return them to you.

Steps to Request an Exemption from the Fees for a Form I-821D and Related Form I-765

Step 1: You must:

• Send a letter in English requesting the exemption. The letter should identify the person who needs the exemption and the exemption category you are requesting;
• Attach documentation (copies are acceptable) supporting your request. The supporting documents must be in English or accompanied by a certified English translation;
• Sign the letter, if you are the individual who needs the exemption. If you are requesting the exemption for someone else who cannot sign, provide an explanation and evidence that you are their parent or legal guardian;
• Include a separate letter for each person requesting to be exempt from paying the filing fees. Do not group multiple individuals into 1 letter; and
• Mail your request to:
  U.S. Citizenship and Immigration Services
  Attn: DACA Fee Exemption Request
  P.O. Box 567
  Williston, VT 05495

Step 2: USCIS will:

• Review the letter and supporting documents to determine whether the person you identify in the letter is in a circumstance that warrants a fee exemption;
• Request additional evidence if needed;
• Approve or deny the fee exemption request; and
• Send a fee exemption approval or denial letter.

Step 3: You must:

• If approved, attach a copy of the fee exemption approval letter to the front of the approved individual’s DACA request package, which must include Form I-821D, Form I-765 and Form I-765WS; or
• If denied, either submit the required filing fees with the DACA request package or resubmit the fee exemption request with corrections or additional documents.
• File Form I-821D, Form I-765 and Form I-765WS according to the form instructions.

Questions and Answers

What documents must I submit with my request? This depends on which category you are requesting a fee exemption for. We must be able to determine your eligibility by examining your supporting documents. The supporting documents must be legible and in English or accompanied by a certified English translation.

What are some examples of acceptable documentation? This list contains examples of acceptable documentation and is not exhaustive:

• Exemption: You cannot care for yourself because you suffer from a serious, chronic disability and your income is less than 150% of the U.S. poverty level.
  • Medical records or insurance records that describe your serious, chronic disability.
  • Evidence of your current income, such as tax returns, bank statements or paystubs, or an affidavit from you or a third party stating you do not file tax returns, have no bank accounts, or have no income or evidence to prove your income level.
• Exemption: You have, at the time of the request, accumulated $10,000 or more in debt in the past 12 months as a result of unreimbursed medical expenses for yourself or an immediate family member and your income is less than 150% of the U.S. poverty level.
  • Medical bills, insurance records, or other reliable evidence of unreimbursed medical expenses of at least $10,000.
  • Evidence of your current income, such as tax returns, bank statements or paystubs, or an affidavit from you or a third party stating you do not file tax returns, have no bank account, or have no income or other evidence to prove your income level.
• Exemption: You are under 18, your income is less than 150% of the U.S. poverty level, and you are either homeless, in foster care, or otherwise lacking any parental or other familial support.
  • Evidence you are under 18, such as a birth certificate or school records.
  • Affidavit from a community-based or religious organization that attests to your homelessness or lack of parental or familial support.
  • Letter or statement from an agency that you are currently in foster care.
  • Evidence of your current income, such as tax returns, banks statements or paystubs, or an affidavit from you or a third party stating you do not file tax returns, have no bank accounts, or have no income or evidence to prove your income level.

How will USCIS make a decision on my request? We will review your letter and supporting documentation to make a decision on your request. We may deny your request if:

• Your letter or supporting documents are not in English or accompanied by a certified English translation;
• Your letter is not signed;
• Your supporting documentation does not demonstrate you fall into any of the categories exempt from the fee;
• You do not submit supporting documentation;
• We are unable to determine your current income;
• The documentation is not legible;
• You do not respond timely or completely to our request for additional evidence; or
• You submit your request with forms and fees. (We will deny your fee exemption request and forward the forms and fees to the Lockbox facility for processing.)

How long will it take to make a decision on my request? This depends on the number of requests we receive. Our goal is to respond to you within 90 days.

How can I determine if my income is 150% of the U.S. poverty level? Please reference the charts in the current Health and Human Services Poverty Guidelines.