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U.S. Immigration Forms and Fees

U.S. immigration involves various forms and fees, tailored to specific purposes such as naturalization, family-based, and employment-based immigration. Key forms include the N-400 for naturalization and the I-130 for family-based petitions. Accurate form selection and completion are essential for successful application processing, often necessitating the guidance of an experienced immigration attorney to avoid delays.

The U.S. immigration process requires filing specific forms and paying filing fees. There are many USCIS forms available. Each serves a different purpose. So choosing the proper form is crucial in navigating immigration matters successfully.

The process of filing immigration matters can be overwhelming and confusing. Working with an experienced immigration attorney can help ensure the immigration forms are completed correctly and submitted with proper documentation. Their assistance can help you save time and prevent costly delays in your immigration journey.

This article provides an overview of commonly used USCIS forms and their current filing fees. They are organized by immigration category, such as employment-based immigration or naturalization. 

Naturalization and U.S. Citizenship

Naturalization is the process by which foreign nationals become U.S. citizens after meeting the eligibility requirements provided by the U.S. Citizenship and Immigration Services (USCIS)

The naturalization process begins with filing Form N-400. Applicants should file the form with supporting documentation showing their eligibility for U.S. Citizenship:

  • Form N-400 Application for Naturalization
  • Fee: $640, plus $85 for Biometric Services

USCIS will then schedule you for a biometrics appointment and an interview with a USCIS officer. The naturalization process ends with the oath of allegiance taken at the ceremony.

Family-Based Immigration

These forms allow U.S. citizens and permanent residents to sponsor eligible family members for immigration to the United States.

Petition for Alien Relative

U.S. citizens or green card holders can bring their eligible family members to the United States with an immigrant visa. This is typically the first step in the family-based immigration process

Form I-130 establishes the qualifying relationship between the petitioner and the eligible relative who wishes to become a lawful permanent resident of the U.S.

Fiancé(e) Visa

U.S. citizens can bring their noncitizen fiancé(e) to the United States for marriage using Form I-129F. 

The marriage should occur within 90 days upon arrival of the foreign national fiancé(e). After marriage, the now foreign national spouse may apply for adjustment of status.

Orphan Adoption

The U.S. citizens may use Form I-600 to request the USCIS to classify an orphan as an immediate relative

  • Form I-600 Petition to Classify Orphan as an Immediate Relative
  • Fees may vary depending on eligibility

The adoptive parent or the legal custodian files the petition to process the immigration of a child to the United States.

Employment-Based Immigration

The following forms are used to employ foreign workers in the United States. Workers can perform services, labor, or train under various employment visas.

Temporary Work Visa Petition

Employers wanting to temporarily employ foreign workers in the United States may file a petition for a nonimmigrant worker or temporary worker visa

  • Form I-129 Petition for a Nonimmigrant Worker
  • Fee: $460

Under various nonimmigrant visa categories, these foreign workers can work in the U.S. to perform services, labor, or train.

Permanent Employment Visa Petition

Employers who want to petition a foreign national to work permanently in the U.S. can file Form I-140 for an Immigrant Petition for an Alien Worker. 

  • Form I-140 Immigrant Petition for Alien Worker
  • Fee: $700

Form I-140 is for employment based immigrant applications. This occurs when an employer petitions an employee to become a lawful permanent resident.

Employment Authorization

Certain foreign nationals file Form I-765, an application for employment authorization. Form I-765 applies to foreign nationals in the U.S. with an immigration status that authorizes them to work. This may include asylum seekers, students on practical training, or spouses of certain visa holders. 

  • Form I-765 Application for Employment Authorization
  • Fees may vary depending on the category

The USCIS may also issue an EAD to foreign nationals who have applied for lawful permanent residence while waiting for their green card.

Status Adjustment

These processes help individuals already in the United States to change or maintain their immigration status legally.

Adjustment of Status

Eligible individuals in the United States may apply for lawful permanent resident status (green card) using Form I-485. 

  • Form I-485 Application to Register Permanent Residence or to Adjust Status
  • Fee: $950-$1,440 

This form is part of a larger package called an "adjustment of status." This package can include an application for employment authorization, advance parole (for traveling), and an affidavit of support.

Several exceptions exist for the filing fee. For example, victims of certain crimes applying for a U visa do not pay a filing fee to adjust their status. An immigration judge can also waive the filing fee if deportation or removal proceedings have already started. 

Extension or Change of Nonimmigrant Status

If your visa is set to expire and you wish to stay in the U.S., you’ll likely need a Form I-539. ​

  • Form I-539 Application to Extend/Change Nonimmigrant Status
  • Fee: $370

Visitors and other nonimmigrants can use this form to request an extension of their authorized stay or a change to another nonimmigrant status in the United States.

Legalization and Temporary Residence

These two processes provide pathways for specific eligible individuals to legalize their status or transition from temporary to permanent residence.

 Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act

Application to Adjust Status from Temporary to Permanent Resident

Applicants over the age of 14 may be required to pay an $85 biometric fee.

Stay of Deportation

This process allows individuals who received a deportation or removal order to file a request for temporary postponement of their deportation. 

  • Form I-246 [PDF] Application for Stay of Deportation or Removal
  • Fee: $155

At the same time, you can seek other legal remedies or address personal circumstances.​

Permission to Reenter the United States

Those deported or removed from the U.S. may file Form I-212. 

  • Form I-212 Application for Permission to Reapply for Admission into the U.S.
  • Fee: $1,175​

This application allows foreign nationals who wish to return to the United States legally. Some may qualify for a fee waiver, such as victims of domestic violence. ​

Application for Asylum Withholding Removal

Foreign nationals present in the U.S. who want to apply for asylum need to file Form I-589, an application for asylum and for withholding of removal. For an asylee to be eligible for asylum, they should submit Form I-589 to the USCIS within a year of their arrival in the United States.

  • Form I-589 Application for Asylum and for Withholding of Removal
  • Fee: $0

Keep in mind that if you already have a Form I-589 application pending, the USCIS will reject another form filed on paper at the Lockbox.

USCIS Fees

The USCIS fee schedule provides additional information about all of these forms and fees. Keep in mind that USCIS allows some individuals to submit an application fee waiver. There is no fee to file a fee waiver request

Additionally, USCIS has expanded its acceptance of fees by allowing credit card transactions by all major providers.

Seek Legal Advice from an Immigration Attorney

Engaging with U.S. immigration law can be challenging and confusing. If you have questions about the application process, consider contacting an immigration attorney near you. They can give you personalized legal advice, particularly tailored to your case. They can help you understand your visa options and how you could acquire an immigrant status. 

Anything you discuss with an attorney is confidential, including your immigration status.

The legal services of an attorney can be essential in cases involving deportation before the EOIR, criminal history, or visa application complications. The attorney can represent you in front of U.S. government agencies, including the USCIS, the Department of Homeland Security (DHS), and the Department of State.

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