Floral Park, NY asked in Immigration Law and Tax Law for New York

Q: Am I eligible for fee waiver on N400 Naturalization Applicaiton?

My AGI on my tax return is $31,258 on my 2019 tax return for a family of 4. I believe this falls under the $39,300 poverty guideline for my family size.

I work for a church and receive a housing allowance of the same amount which is not taxable and therefore not included in my AGI.

I wanted to know if I am still eligible for the fee wavier?

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2 Lawyer Answers
Kyndra Mulder
Kyndra Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: Probably not. You need to disclose the housing allowance on the application for a waiver.

Hector E. Quiroga
Hector E. Quiroga
PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: The instructions ask the applicant to list any other additional income or financial support, so that seems to cover the housing allowance.

In addition, the form considers total income, not adjusted gross income, so that is the amount from which you must make your determination.

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