On July 31, we reported that US Citizenship and Immigration Services (USCIS) published a final rule to increase fees on many immigration benefits effective October 2, 2020 [see notice]. However, on September 29, 2020, a Federal district court enjoined, or stopped, DHS from using any part of the USCIS Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements rule scheduled to go into effect today. As a result of this preliminary injunction, USCIS announced that it will:
- Continue to accept USCIS forms with the current editions and current fees, not the updated forms or any of the new filing fees; and
- Use the regulations and guidance currently in place to adjudicate applications and petitions. This includes accepting and adjudicating fee waiver requests as provided under Adjudicator’s Field Manual (AFM) Chapters 10.9 and 10.10.
- The postponement of the fee increase may only be temporary. A future decision could overturn the current injunction, thereby reinstating the fee increase. Your WR attorney will advise on what is now required in terms of payment for impacted immigration cases.
For questions, please contact your WR attorney.