Ask the USCIS for a Fee Waiver

By : VisaPro.com
Generally, the USCIS has discretion to waive the filing fees for an application, petition, motion or request if the applicant establishes that he is unable to pay the fee. Besides maintaining the USCIS discretionary authority to grant fee waivers, the fee waiver guidance issued on March 4, 2004 provides direction on what constitutes ‘inability to pay’.

An applicant does not automatically qualify for a fee waiver based on any one particular situation or factor. Each case is unique and is considered upon its own merits. A fee waiver request may be granted when it has been established to the satisfaction of the USCIS Officer with jurisdiction over the request that the individual is unable to pay the fee.

Inability to pay

In all fee waiver requests applicants are required to demonstrate an ‘inability to pay’. In determining ‘inability to pay’, USCIS Officers may consider the following situations and criteria regarding the applicant:
• Whether the applicant has demonstrated that within the last 180 days, he qualified for or received a ‘federal means-tested public benefit’. This may include, but is not limited to, Food Stamps, Medicaid, Supplemental Security Income, and Temporary Assistance of Needy Families or other public benefit
• Whether the applicant has demonstrated that his household income, on which taxes were paid for the most recent tax year, is at or below the poverty level contained in the most recent poverty guidelines as revised annually by the Secretary of Health and Human Services’
• Whether the applicant is elderly (age 65 and over, at the time the fee request is submitted)
• Whether the applicant is disabled. Applicant should submit verification of disability
• The age and number of dependents in the applicant’s household who are seeking derivative status or benefits concurrently with the principal applicant or beneficiary
• Humanitarian or compassionate reasons, either temporary or permanent, which justify the 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 a showing of substantial hardship; or the applicant is on a fixed income and confined to a nursing home
• Any other evidence or factors that the USCIS Officer believe establishes an applicant or petitioner’s inability to pay the required filing fees
Documentation

Documentation, such as the examples listed below, may be submitted to provide proof of the ‘inability to pay’:
• Proof of living arrangements (i.e. living with relatives, living in the applicant’s own house, apartment, etc.), and evidence of whether the applicant’s dependents are residing in his household
• Evidence of current employment or self-employment such as recent pay statements, W-2 forms, statement(s) from the individual’s employer(s) on business stationary showing salary or wages paid, income tax returns (proof of filing of a tax return)
• Mortgage payment receipts, rent receipts, food and clothing receipts, utility bills (such as gas, electricity, telephone, water), child or elder care receipts, tuition bills, transportation expense receipts, medical expense receipts, and proof of other essential expenditures
• Any other proof of essential expenditures
• Proof that verifies the applicant’s disability. The applicant may provide proof of his disability by submitting documentation showing that the disability has been previously determined by the Social Security Administration (SSA), the Department of Health and Human Services (HHS), the Department of Veterans Affairs (VA), the Department of Defense (DOD), or other appropriate federal agency
• Proof of the applicant’s extraordinary expenditures or his dependents residing in the U.S. Essential extraordinary expenses are those which do not occur on a monthly basis but which are necessary for the well being of the individual or his dependents
• Proof that the applicant has, within the last 6 months, qualified for and/or received a Federal ‘means-tested public benefit’
• Documentation to show all assets owned, possessed, or controlled by the applicant or by his dependents
• Documentation establishing other financial support or subsidies – such as parental support, alimony, child support, educational scholarships, and fellowships, pensions, Social Security or Veterans Benefits, etc. This includes monetary contributions for the payment of monthly expenses received from adult children, dependents, and other people who are living in the applicant’s household, etc.
• Documentation of debts and liabilities – what is owed on any outstanding loans, credit cards, etc. by the applicant and his dependents, and any other expenses the applicant is responsible for (i.e. insurance, medical/dental bills, etc.)

How to Apply for a Fee Waiver
• To apply for a fee waiver, an applicant must submit an affidavit – or declaration that is signed and dated and includes the statement: “I declare under penalty of perjury that the foregoing is true and correct” – requesting a fee waiver and stating the reasons why he is unable to pay the filing fee
• The affidavit and any supporting documentation must be submitted along with the benefit application or petition
• To facilitate the processing of fee waiver requests, applicants should write in large print ‘Fee Waiver Request’ on the outside of the mailing envelope containing their application or petition and fee waiver request, as well as at the top of their affidavit and each page of their supporting information
USCIS Officers evaluate all factors, circumstances, and evidence supplied by the applicant in support of a fee waiver request before making a determination. If a fee waiver request is denied, the entire application package will be returned to the applicant, who must then begin the application process again by re-filing for the benefit with the appropriate fee.

Contact VisaPro if you have any questions regarding visas, or need help in filing with the USCIS or Consulates. Our experienced attorneys will be happy to assist you.

Visapro cover the latest happenings on work visas in Immigration Monitor, our monthly newsletter. Click here to subscribe to Immigration Monitor.

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The above article is brought to you by "VisaPro.com". VisaPro’s US Immigration Lawyer Services include H-1B, K-1 Visa, L-1, Green Card, and over 100 Immigration Services. The information in this article is not intended to be legal advice. If you have questions specific to your case, we suggest that you consult with the experienced immigration attorneys at consultattorney.visapro.com Visit VisaPro regularly for updates and the latest immigration news at www.visapro.com

Prenup lawyer New York: safeguard your interests

By : Damyel Flower
Marriages are definitely made in heaven, but a couple needs to sustain the marriage on this earth and that is where things can, at times, go wrong. Life is very unpredictable and consists of lots of twists and turns. At one point of time you may like a person so much that you end up marrying him or her. However, at some other point of time you may find out that things are not working out between you and your spouse and you may decide to get a divorce and go your own separate ways. So, to deal with such an unexpected situation you can enter into a prenuptial agreement with your partner. A prenuptial agreement is nothing but a legal agreement or contract entered into by two adult individuals, before their legal union through a marriage. The content of the agreement can vary from couple to couple and for this the couple requires the services of a Prenup lawyer.

Finding a Prenup lawyer is not a difficult thing for anybody, especially if the couple happens to reside in or nearby New York. There are several prenup lawyer New York, but the task is to find out a prenup lawyer who is perfect in his job. In a big city like New York, numbers are never an issue, but to actually find that lawyer, who will do the work for you flawlessly, is what you require and this can become difficult. Generally a prenup agreement has provisions for the division of assets if at any time the couple decides to go separate ways. The universal divorce rate is growing steadily and a study had indicated that more than 41% of marriages in the United States will end in divorce. This statistic is another reason why one must hire the services of a prenup lawyer New York before they marry their partner.

Getting a prenup agreement drawn up will help you to deal with any eventualities if you find that you can no longer stay married with your spouse. While drawing up the prenuptial agreement you must not feel guilty that your partner may doubt your intentions. This is just an agreement that is drawn up as this can help you deal with any situation. In fact it will be a wise decision on your part to get the agreement drawn up prior to your marriage. This agreement will also help you deal with a situation which may arise out of a divorce when children are involved in the scene. The agreement will help you in safeguarding the interest of your children in case of a divorce.

When a couple agrees to marry, it is done with the best of intentions in the heart of the couple. However, no one can predict what will happen in future and the only thing that we can do to face any eventuality, is to draw up a prenuptial agreement. The lawyers working for this are capable and they know exactly what clauses need to be included in the agreement so that your interests are safeguarded at all costs.

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Damyel Flower is an exprienced divorce lawyer.He has successfully handled many divorce cases.He gives advice to clients who are looking for www.mtllp.com/family_and_matrimonial.html">Prenup Lawyer New York,Divorce lawyer NYC,celebrity divorce lawyer.To hire services of a lawyer in New York and any legal advice visit www.mtllp.com

Choosing the Right Disability Lawyer

By : Steven Ross
Choosing the right disability lawyer is a must if you have been discriminated against because he or disability. I wish it had a pick the right disability lawyer, and a step-by-step process. Finally, I will also you criteria to help evaluate different disability lawyers.

I'll start off by showing you the best way to choose the right disability lawyer. As an alternative, I will show you how to choose one if your situation is urgent and you don't have as much time to evaluate different disability lawyers. You will have the option of choosing between these two solutions, depending upon your situation, when you go to find the right disability lawyer.

To increase your chances of hiring the right lawyer, you want to evaluate potential disability lawyers from a number of different sources. Ideally, you should get a referral from your lawyer or another trusted source. Secondly, you should go through different lawyer directories and associations and find a second lawyer that interest you, and finally do a search online and locate a third lawyer.

The reason you want to identify three potential disability lawyers is so you can have an initial lawyer consultation with each of them. It will assure you pick one that is a perfect fit for you, when you have the option of choosing between three different disability lawyers. It will also help you find one who is credible and confident, and has an expertise in your area disability law.

When choosing different lawyers to consult with initially, you will want to evaluate them on years of experience, specialization within disability law (for example, Social Security Law, employment discrimination, and so on). Also, take into consideration any other information you've heard about their abilities.

Begin your consultation by explaining your situation and expectations to them briefly. Then find out how much it will cost you if you should hire them for their services. In addition, use this time to figure out how they plan on presenting your case, and different courses of actions you can take for success.

As a solution for someone pressed for time, and can't consult through different lawyers. Find a lawyer through a referral from your current lawyer or somebody you trust, and then contact in consult a lawyer. This may not be the absolute best way to hire disability lawyer, but it is better than trying to find one by looking on your own.

In closing, use this to pick the right disability lawyer. If your rights have been violated, you deserve the right disability lawyer.

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Author Steven Ross is a long-time Disability Lawyer enthusiast and can help you with all your disability law

DUI laws

By : Tim Haider
DUI (driving under the Influence) is one of the most common law and order related problems in the US. Interestingly, each state has its own set of policies and laws when it comes to DUI cases. If you are currently a resident of San Diego, DUI is a pretty serious offence and you should hire an experienced San Diego DUI attorney to defend you in court. Even before your case enters the court of law there are a few steps you can take to ensure that the DUI case against you is as easy to defend as possible.
Speak to any San Diego DUI attorney and he will tell you that the first thing you can do to strengthen your case is to say nothing at all. When you are being questioned by the cops be polite and refuse to answer any questions. It is important to remember that field sobriety tests are completely voluntary. You can choose to refuse a sobriety test if you are not sure you will pass it, any San Diego DUI attorney will tell you that you are better of refusing the sobriety test than taking it. California laws make it mandatory for any one under the age of 21 to take a sobriety test if they are suspected of DUI.
Chances are you will be asked to take a preliminary alcohol screening test, if this is the case you should try and avoid a blood test at all costs. If given the option, go for a urine test. If you are not offered a urine test choose to give a breath test. In a nutshell, blood tests are the most reliable means of calculating the blood alcohol level and you should avoid it at all costs. Many of California’s jurisdictions video tape DUI test and the video tape are admissible in court as evidence, make sure you are at your best behaviour and the length of the video recording is kept to a bare minimum. Even if your arrest is not video taped, be at your best behaviour and be polite.
Before making any statements hire a San Diego DUI attorney, it is important to hire an attorney that specializes in DUI cases and is a resident of San Diego. An experienced DUI lawyer will know exactly which loop holes to exploit and what is the best way to defend you in court. San Diego DUI lawyers have fast made a reputation for themselves and are among the most competent DUI lawyers in the country.
If you are still confused about what to do when you are arrested for DUI, there are numerous websites that can help you. A few web sites even have free surveys that you can fill out and send to a San Diego DUI attorney, under total confidentiality, and he shall provide you with all the needed help. Based on the information sent by you in the survey, you can even request for a free initial case evaluation and consultation face to face with the attorney.
To find a San Diego DUI attorney, visit www.sandiegoduiarrest.com.

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San diego dui law firm is the author of this article on San Diego DUI Attorney. Find more information about San Diego DUIhere.