7 Things to Know About USCIS new Fee Rule

By Jessica Suotmaa 0

On July 31, 2020, the United States Citizenship & Immigration Services (USCIS) released the final rule regarding their proposed changes to immigration benefits and their associated fees.  While many news agencies have highlighted the increased costs in fees, and many non-profits have highlighted how asylum applicants would have to pay a fee, the actual rule includes many other provisions that may affect your specific circumstances. Before the rule goes into effect on October 2nd, 2020, find out whether you should begin that application or petition process you’ve been thinking about.  In this article, we highlight the five most important points to know about the new 2020 USCIS benefit and fee changes.

1. Form Fees Will Go Up

USCIS has announced many form fees will increase in order to meet their adjudication costs. Here’s a copy of their published list:

2. Asylum Applications Now Have a Cost

In order to file an asylum application, applicants will have to pay a $50 application fee and a biometrics fee of $30.

Application fees will be waived for initial EAD (Form I-765) and green card application (Form I-485) for those who were granted asylum or admitted as refugees.  In addition, the fee for refugee travel documents will continue to be reduced.

Note that the rule states:

“At the USCIS Director’s discretion, USCIS may waive or exempt the fee for any
form, including those filed by asylees and refugees. See 8 CFR 106.3(b), (e).”

 

3. Fee Waivers May not be Available

Not only does the new rule restrict which forms qualify for a fee waiver, it also adjusts the income restriction from 150 percent of the Federal Poverty Guideline (FPG) to 125 percent of FPG. To see what the federal poverty guideline means in 2020, click here.

USCIS is also changing the language in its fee waivers from “inability to pay” to clearly defined requirements, such as requiring W2 wage statements, federal income returns, or IRS certificate of non-filing to prove income. This removes the “means-tested benefit” as proof of low income, meaning proof of qualifying for benefits intended for low income recipients would not be enough to prove fee waiver eligibility, e.g. submitting Medi-Cal benefit card or food stamps statement.

Here’s a list of forms and their fee waivers for your convenience:

4. Applying Online is $10 Cheaper

To encourage online application filing, USCIS will lower the online application fee by $10.00 compared to the fee for the same paper form.

5. Biometrics Fees Changed

Overall finger print fees are reduced from $85 to $30, except for DACA applicants.

 

6. No Refunds for Fees

While we weren’t aware this was an issue, but the rule clarifies that all USCIS fees are “generally” non-refundable. This includes adjudication fees, H-1B registration, DACA, etc.

 

7. DACA Fees Remain the Same

Contrary to the proposal, USCIS will not be increasing DACA application and renewal fees, but will maintain the fees that were in effect before September 5, 2017 (no change).

 

Do you have questions about USCIS new rule regarding fees and benefits? Was there something specific you had expected to read about, but was not highlighted? We would like to hear from you! Leave us a comment or send us an email.

Telling your story to immigration

By Jessica Suotmaa 0

Storytelling might not be the first thing that comes to mind when planning your immigrant or non immigrant benefit application or petition, but it is worth considering.  The United States Citizenship & Immigration Services (USCIS) forms request a great number of facts while leaving little room for explanation. As such, many self-applicants may believe they should summarize their story into a short “blurb”.  We’re here to tell you this is not the case.

Regardless whether you’re trying to immigrate through family or asylum, petitioning for benefits based on hardship, or if you’re seeking nonimmigrant status via employment or investment, you should share your story.  Many of our clients submitted short summaries at the beginning, expecting the chance to expand and share their narrative later at the interview—only to find the interview is based on what was submitted. The interviewer will question new information that was not initially submitted as it suggests that you fabricated additional details to your story. This may not be true, but it’s cause for suspicion.

On the opposite spectrum, you have applicants and petitions who provide too much information, drowning the reviewing officer in data and evidence. How much time do you think a USCIS employee has to review and adjudicate on your application? It’s probably less than you’d think. Hence our suggestion to submit organized and clear submission packages. Not only is there limited time to review your submission, but it might be reviewed by several people, to varying extents.  Without a clear link, or narrative, to string your evidence together, your submission can be confusing at best; overwhelming at worst.

What immigration attorneys and paralegals do for you is they listen to understand your story, apply it to USCIS standards, request relevant evidence, draft your narrative for you, and organize the evidence to match your story.  The result is a clear and persuasive essay.  You can request to review this essay prior to submission, but it will become the “cover sheet” the attorney puts on his letterhead for your submission package. The coversheet is like the table of contents and introduction to your request, and is especially influential in long, complex cases, where the officer will exercise discretion.

If you’re not sure how your narrative can be supported, organized, and argued, don’t try to submit on your own. Don’t let your application become a question mark or headache for the reviewing officer. Hire an experienced immigration attorney to review, prepare, and organize your USCIS submission for increased clarity!

4 Common Mistakes On Immigration Applications and Petitions

By Jessica Suotmaa 0

Immigration clients often come to us with botched cases. Either they tried to do it themselves and failed, or they hired a less-than-reliable paralegal office that mishandled their case. Some mistakes are made even in our care. Here are the four most common immigration application/petition mistakes we hope you’ll avoid.

Submitting an incomplete or erroneous application/petition

Clients often rush through the forms, and by mistake leave out a detail from a decade or two ago. Our office, like any office, can only help you ensure your form is filled out completely and matches the information you provided us. We do not know if you had a DUI 20 years ago. We do not know if you have a criminal record that was expunged 15 years ago. These are facts that we may be able to verify and obtain records to support your case, but without a client request we would not think to look for it.

It is the client’s responsibility to think through their past and ensure the forms reflect complete and accurate data.

Failing to pay the complete and exact fee

Often clients will write a check for the wrong amount, such as in the case when the application fee has recently changed. Sometimes clients fail to account for biometrics fees (finger prints for background check), and other times they expect to pay fees separately when they should all be submitted at once.  We have even clients whose applications were significantly delayed because they did not have enough funds in their bank account when the funds were cashed. Don’t be like them; check the fees and use a credit card, money order, or savings account to pay your immigration application or petition fees.

Failing to submit sufficient evidence

If only we had a nickel for every client who hired us after they received their Request for Evidence (RFE). It’s very common for clients to follow generic checklists they found online, or the advice of a friend or an acquaintance who did it themselves without considering their individual cases. Based on your individual circumstances, your application or petition may require different supporting documents or additional evidence.  Immigration used to always request that information from you after you file using an RFE. Nowadays it is not guaranteed.

Failing to respond to a request for evidence or additional information by the deadline

Clients can still receive a request for additional documentation at the interview. An immigration officer may determine after speaking with you that they need more data. They will set a deadline and you will have to produce that information either in person or by mail before the deadline.  If you miss the deadline, your case will likely be denied.

While everyone makes mistakes, don’t let your mistake delay your immigrant or non-immigrant status.  Talk to an experienced immigration today about how we can help you avoid delay!