Just days before the much-dreaded USCIS fees increase was scheduled to take effect, a federal court issued an order to temporarily block the USCIS from implementing the new fees.
The recent court decision blocks the U.S. Citizenship and Immigration Services (USCIS) from implementing a new rule which would have significantly increased most filing fees on October 2, 2020. The court ruling stems from a lawsuit filed by the Immigrant Legal Resources Center requesting that a preliminary injunction be issued by the court to prevent the government from going forward with the new fees increase rule.
As a result, the September 29th decision has temporarily halted the planned USCIS fees increase because the court found that the new rule was likely unlawful for several reasons: 1) that several of the acting officials at the Department of Homeland Security (DHS) who created the rule were not legally appointed to their roles under federal policies and therefore, had no authority to enact the rule and 2) that the USCIS likely did not follow legal procedures in creating the rule by failing to take into account its negative impact on low-income immigrants.
The bad news is that the USCIS is expected to appeal the decision, but the great news is that for now, the current filing fees remain in effect!
However, don’t let this temporary reprieve fool you, Trump usually gets his way in the end, so make sure and file your immigration applications early. Don’t wait until the final moment when another federal court reverses the decision and allows the increased fees to go forward!
Remember what just happened recently with the Public Charge rule, which is on again.
You can read more about the federal ruling which has temporarily halted the USCIS fees increase by visiting the enewsletter site at: www.americanimmigrationcentral.com
** Contributions to this Column are made by Attorney Caroly Pedersen, Esq. of the American Immigration Law Center
