How does an adjustment of status applicant get the Form I-131 fee waived?

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  4. How does an adjustment of status applicant get the Form I-131 fee waived?

Adjustment of status applicants generally do not need to pay the Form I-131 filing fee for an Advance Parole Document or Refugee Travel Document. The Form I-131 fee is waived for adjustment of status applicants who meet certain criteria.

When filing Form I-131, Application for Travel Document, you do not need to include the USCIS fee if you:

  • are filing Form I-131 for a Refugee Travel Document (Part 2, 1b) or Advance Parole Document (Part 2, 1d); AND
  • already filed (or are concurrently filing) a Form I-485 (Application to Adjust Status) on or after July 30, 2007, with a fee; AND
  • the Form I-485 is still pending.
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Get Form I-131 Fee Waived When Filing Concurrently

If you are filing Form I-131 together with the Form I-485, Application to Adjust Status, you do not need to include a filing fee for Form I-131 as long as your adjustment of status package includes payment for the Form I-485. You will need to include supporting documents for Form I-131 including:

  • Copy of government-issued photo identification
  • Two identical passport-style color photographs

Refer to the USCIS filing instructions or your CitizenPath filing instructions for more detailed instructions on supporting documents and where to file.

File Form I-131 After Filing Form I-485

If you have already filed Form I-485 and it’s still pending with USCIS, you may file Form I-131 without a fee. But it will require some special handling. We recommend that you include a cover letter so that there’s no confusion over the missing filing fee. You’ll also need to include proof that you have a pending adjustment of status application. In addition to Form I-131, include:

  • Copy of government-issued photo identification
  • Two identical passport-style color photographs
  • Copy of I-797, Notice of Action, receipt of filing I-485

Refer to the USCIS filing instructions or your CitizenPath filing instructions for more detailed instructions on supporting documents and where to file.

Filing a cover letter with Form I-131 that explains your situation can facilitate the process. CitizenPath provides a sample cover letter for adjustment of status applicants that can be customized to fit your needs.

Source: USCIS
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