Immigration and Naturalization Fees Set to Increase December 23, 2016

Never mind the results of the election and the impact that may (or may not) have on immigration and naturalization, the Department of Homeland Security proposed changes to the U.S. Citizenship and Immigration Services (USCIS) Fee Schedule earlier this year and they were approved. Immigration and naturalization fees set to increase December 23, 2016. Happy holidays from the Great American Melting Pot.

Never mind the results of the election and the impact that may (or may not) have on immigration and naturalization, the Department of Homeland Security proposed changes to the U.S. Citizenship and Immigration Services (USCIS) Fee Schedule earlier this year and they were approved. Immigration and naturalization fees set to increase December 23, 2016. Happy holidays from the Great American Melting Pot.

The changes to the Fee Schedule were proposed on May 4, 2016 and the proposed rule was published in the Federal Register (81 FR 26904, 5/4/16) and opened for comments as are such rule changes. People had until July 5, 2016 to comment. After the comment period closed, the changes were approved. The impact? Over a dozen immigration and naturalization applications and related services are set to have their fees increased by as little at $15.00 to as much as hundreds of dollars.

As an example, the application fee for naturalization is increasing by $45.00 and the application for a fiancé visa is increasing by $195.00. There is even the possibility that those who do apply for citizenship, naturalization or other benefits could be required to appear for biometric services (a fancy way of saying “fingerprinting”) or interviews. There would, of course, be fees associated with these new services.

There are other big changes coming in December. They include:

• The USCIS has proposed a new three-level fee for the N-400 application. The old fee of $595.00 will increase by approximately 8% to $640.00. According to Diego Rodriguez, an immigration attorney at Justinian and Associates, based in Austin, Texas: “We expected a fee increase as it has been six years since USCIS has increased fees. This is in response to additional cost in fraud prevention, national security concerns, and case processing. However, some may not be affected by the fee increase as they can apply for fee waivers. According to USCIS, ‘Those whose household incomes are 150 percent greater but not more than 200 percent greater than the Federal Poverty Guidelines would be eligible. They would file a new form, I-942, Request for Reduced Fee, alongside the N-400 and pay the reduced fee of $320. These prices do not include the biometrics fee of $85. An estimated 11% of the average annual applicants would qualify for this reduced fee.’”
• One of the largest fee increases involves form N-600 and N-600K, the Application for Certificate of Citizenship. The current fee is $600, but the Department of Homeland Security’s Fee Schedule increase practically doubles the cost, bringing it to $1,170.00. This is typically an optional form; however, many may be required to file it (and pay the fee) if they wish to obtain certain benefits, such as state-issued identification cards, Social Security benefits, financial aid, employment and passport renewal. There is a fee waiver that eligible applicants may request.
• Family-based residency: This change impacts family-based petitions. The fee increase for Forms I-130 and I-485 are increasing by 27% and 16% respectively. Under the USCIS’ current fee schedule, a one-step, concurrent filing of Forms I-130, I-485, I-765 and I-131 is $1,490.00. The new fee is $1,760.00. The fee for children under 14 years of age concurrently filing Form I-485 with their parent’s application (when the parent is an immediate relative of a U.S. citizen) is increasing from $635.00 to $750.00.
• Non-immigrant workers, including Religious Workers, will see the fee for From I-129 increase from $325.00 to $460.00.
• Advance Parole. Form I-131, the Application for Advance Parole, is typically a stand-alone application that is most commonly filed by recipients of Deferred Action for Childhood Arrivals and those with Temporary Protected Status. If Form I-131 isn’t filed concurrently with or through Form I-485, the fee will increase from $360.00 to $575.00 and there is no fee waiver available.
• Employment Authorization Documents. The USCIS fee increase for Form I-765 affects those applicants who seek work authorization, foreign students approved for Optional Practical Training, spouses of certain non-immigrant visa holders, DACA recipients and TPS applicants. This increase is from $380.00 to $410.00.
• Replacing Permanent Resident Cards. Form I-90’s fee is increasing by roughly 25%, from $365.00 to $455.00. Form I-90 is subject to a fee waiver for those who can demonstrate an inability to pay. Those applicants who qualify for naturalization and the respective fee waivers may choose to apply for naturalization rather than replacing their permanent resident cards.

Some fees are not changing under the new fee schedule:

• The Biometrics services fee will still be $85.00.
• The fee for Refugee Travel Documents will remain at $135.00 for adults and $105.00 for children under 16 years of age.
• The fee for Form I-821 will stay at $50.00 and Form I-821D will still have no fee.
• The premium processing fee will remain $1,225.00.
• Interim filings, for example concurrently filed Forms I-131 and I-765 with Form I-485 will continue to pay only the (increased) fee for Form I-485.

The old and new fee schedules can be found at the USCIS website by clicking this link.

Mr. Rodriguez also said, “We still have time as the fee increase is not to take effect until December 23, 2016. I encourage you to contact us at Justinian and Associates to set up an appointment for your free consultation. We will let you know how this will affect you and how the fee increase will impact you or your family’s costs. Our team is ready to prepare and submit you or your family’s petition before December 23.”

You can reach Mr. Rodriguez and his team at 512-980-0000 (locally in Austin) or 844-877-1211 (nationwide, toll-free).