Key Takeaways
• Form I-485 fee is $1,440 including biometric services, but some special immigrants get exemptions.
• Categories exempt from fees include U.S. Armed Forces members, refugees, special immigrant juveniles, and some in immigration court.
• Fee exemptions became formal law in January 2024, removing financial barriers for vulnerable immigrants.
When applying for a green card in the United States 🇺🇸, many people use Form I-485, also known as the Application to Register Permanent Residence or Adjust Status. This form is the main way for people already in the United States 🇺🇸 to apply for lawful permanent resident status, which is often called getting a green card. However, not everyone pays the same fee to file Form I-485. Some people, known as special immigrants, do not have to pay the standard fee. This article explains what special immigrant categories are, who qualifies for fee exemptions, how the process works, and what this means for applicants and their families.
What Is Form I-485?
Form I-485 is the official application used by people in the United States 🇺🇸 who want to become lawful permanent residents. This process is called “adjustment of status.” People use this form to ask the government to let them stay in the country permanently. You can find the official Form I-485 and its instructions on the USCIS website.
The standard fee for filing Form I-485 is $1,440. This amount includes both the application fee and the cost for biometric services (like fingerprints and photos). For most people, this fee is required, and applications sent without the correct payment are usually rejected.
Who Are Special Immigrants?
Special immigrants are people who fit into certain groups that the United States 🇺🇸 government recognizes as needing special help or protection. These groups include:
- People who served honorably in the U.S. Armed Forces
- Refugees or people paroled as refugees
- Special Immigrant Juveniles (children who have been abused, abandoned, or neglected)
- Some people in removal, deportation, or exclusion proceedings
These categories are set by law and are meant to help people who have served the country, faced hardship, or need protection.
Fee Exemptions for Special Immigrant Categories
Not all applicants have to pay the standard $1,440 fee for Form I-485. Some special immigrant categories are exempt from paying both the filing fee and the biometric services fee. This means they do not have to pay anything to file their application. Here’s a closer look at who qualifies:
1. U.S. Armed Forces Members
People who have served honorably on active duty in the U.S. Armed Forces under a program called the “Six and Six” (INA section 101(a)(27)(K)) do not have to pay any fee for their Form I-485 application. However, this exemption does not apply to their spouses or children unless they also served.
2. Refugees and Parolees
Refugees and people who were paroled into the United States 🇺🇸 as refugees under INA section 207 are also exempt from paying the Form I-485 fee. This exemption is automatic and does not require a separate request.
3. Special Immigrant Juveniles
Children who have been abused, abandoned, or neglected and qualify as Special Immigrant Juveniles are eligible for fee exemption. This helps protect vulnerable children and makes it easier for them to get permanent status.
4. People in Immigration Court
If someone is in deportation, exclusion, or removal proceedings before an immigration judge, the court can order that their fees be waived. This is not automatic; the judge must decide to grant the waiver.
5. Other Humanitarian Categories
Some other humanitarian groups may also qualify for fee exemptions, but the main categories are listed above. The rules for fee exemptions are set by law and are explained in the USCIS policy manual.
Why Are There Fee Exemptions?
The United States 🇺🇸 government created fee exemptions for special immigrant categories to help people who have served the country, faced danger, or need protection. The policy is based on humanitarian and military service reasons. The rules are written in the Immigration and Nationality Act (INA) and are explained in the USCIS regulations.
In January 2024, the government made these exemptions even clearer by adding them to the official rules. This means that the exemptions are not just a policy—they are now part of the law. According to analysis from VisaVerge.com, these changes help make sure that people who need help the most do not face extra financial barriers when applying for a green card.
How to Claim a Fee Exemption
If you think you qualify for a fee exemption as a special immigrant, it’s important to follow the right steps. Here’s what you need to do:
Step 1: Check Your Eligibility
First, make sure you fit into one of the special immigrant categories. If you served in the U.S. Armed Forces, are a refugee, are a Special Immigrant Juvenile, or are in immigration court, you may qualify.
Step 2: Complete Form I-485
Fill out Form I-485 completely and honestly. Make sure all your information is correct.
Step 3: Indicate Your Special Immigrant Status
On the form, there are sections where you can select your category. Make sure you choose the correct special immigrant category. This tells USCIS that you are claiming a fee exemption.
Step 4: Do Not Submit Payment
If you qualify for a fee exemption, do not include any payment with your application. You do not need to ask for a fee waiver separately—the exemption is automatic for people in these categories.
Step 5: Include Supporting Documents
Send in proof that you qualify for the special immigrant category. For example, if you are a member of the U.S. Armed Forces, include your service records. If you are a Special Immigrant Juvenile, include court documents that show your status.
Step 6: Follow USCIS Instructions
Check the USCIS instructions for Form I-485 to make sure you are sending everything needed. There may be special instructions for your category.
Step 7: Wait for USCIS to Process Your Application
USCIS will review your application. If you followed all the steps and qualify for the exemption, your application will be processed without any fee.
What Happens If You Make a Mistake?
If you send in the wrong fee or forget to claim your exemption, USCIS may reject your application. This can delay your case and may mean you have to start over. It’s very important to read the instructions carefully and make sure you claim your exemption if you qualify.
Real-World Examples
Example 1: Refugee Applicant
Maria came to the United States 🇺🇸 as a refugee. She wants to apply for a green card using Form I-485. Because she is a refugee, she does not have to pay the $1,440 fee. She fills out the form, checks the box for refugees, and sends in her proof of refugee status. She does not include any payment. USCIS processes her application for free.
Example 2: Military Service Member
John served in the U.S. Army for eight years. He is applying for a green card under the “Six and Six” program. He fills out Form I-485, selects the military service category, and includes his service records. He does not pay any fee. His wife, who did not serve, must pay the standard fee if she applies.
Example 3: Special Immigrant Juvenile
Ana is a 17-year-old who was abused by her parents. A court has given her Special Immigrant Juvenile status. When she applies for a green card, she selects the Special Immigrant Juvenile category on Form I-485 and includes the court order. She does not pay any fee.
Why Fee Exemptions Matter
Fee exemptions make it possible for people who have already faced hardship to apply for permanent status without worrying about money. For refugees, children, and military service members, these exemptions remove a big barrier. Without them, many people would not be able to afford the application.
Advocates for immigrants say that these exemptions are important because they help people who need protection the most. They also help military families and children who have suffered abuse or neglect.
How Are Fee Exemptions Decided?
The rules for fee exemptions come from the Immigration and Nationality Act and are explained in the USCIS policy manual. The government reviews these rules from time to time. In January 2024, the government updated the rules to make sure that the exemptions are clear and fair.
The law that allows for fee exemptions is found in section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)). This law lets USCIS waive fees for humanitarian programs and special immigrant categories.
What If You Are Not Sure If You Qualify?
If you are not sure if you qualify for a fee exemption, you can:
- Read the official USCIS instructions for Form I-485
- Check the USCIS Fee Schedule (Form G-1055)
- Contact the USCIS Contact Center for help
It’s better to ask questions before you file than to risk having your application rejected.
Rights and Pathways for Special Immigrants
Special immigrants who get a green card have the same rights as other lawful permanent residents. They can:
- Live and work in the United States 🇺🇸 permanently
- Travel in and out of the country (with some restrictions)
- Apply for U.S. citizenship after meeting certain requirements
The pathway to citizenship is the same for special immigrants as for other green card holders. After holding a green card for five years (or three years for some categories), they can apply for naturalization.
Comparing Special Immigrant Categories to Other Applicants
Most people who apply for a green card must pay the full $1,440 fee. This includes family members, workers, and others who do not fit into a special immigrant category. Only people in the special categories listed above are exempt from the fee.
Some people who do not qualify for a full exemption may still be able to ask for a fee waiver if they have very low income. However, this is a separate process and is not automatic.
What Should Applicants Do Next?
If you think you qualify for a fee exemption as a special immigrant, here are some steps you can take:
- Read the instructions for Form I-485 carefully
- Gather all documents that prove your special immigrant status
- Do not include payment if you qualify for an exemption
- Double-check your application before sending it in
- Contact USCIS if you have questions
By following these steps, you can avoid delays and make sure your application is processed correctly.
Staying Up to Date
The rules for Form I-485 fees and exemptions can change. USCIS reviews its fee schedule from time to time and may update the rules. Any changes are published in the Federal Register and on the USCIS website. It’s important to check for updates before you file.
Conclusion
Special immigrant categories play an important role in U.S. immigration policy. By offering fee exemptions for Form I-485, the government helps people who have served the country, faced danger, or need protection. These exemptions remove financial barriers and make it easier for vulnerable groups to become lawful permanent residents.
If you are applying for a green card and think you might qualify as a special immigrant, make sure to read the official instructions, gather your documents, and claim your exemption properly. For more information, visit the official USCIS Form I-485 page or contact the USCIS Contact Center.
As reported by VisaVerge.com, these fee exemptions are part of a larger effort to make the immigration system fairer and more accessible for those who need it most. By understanding your rights and following the correct process, you can take the next step toward permanent residency in the United States 🇺🇸.
Learn Today
Form I-485 → Official USCIS application form to adjust status to lawful permanent resident in the U.S.
Adjustment of Status → Process by which someone inside the U.S. requests permanent resident status without leaving the country.
Special Immigrant → A protected category of immigrants including military members and vulnerable individuals eligible for fee exemptions.
Biometric Services → Processes like fingerprinting and photographing required for identity verification during immigration applications.
Fee Exemption → A legal waiver that allows certain applicants to file Form I-485 without paying filing or biometric fees.
This Article in a Nutshell
Form I-485 allows residents to apply for a green card. Special immigrant categories like refugees and military members get fee exemptions, easing access to permanent residency. Properly claiming exemptions avoids application rejection. These legal changes in 2024 enhance fairness and support for vulnerable applicants seeking status adjustment.
— By VisaVerge.com
