USCIS has been stopped from implementing filing fee changes
October 2, 2020 at 6:00 AM
by Erin K. Williams, Esq.

The U.S. District Court for Northern California enjoined the implementation of the changes (mostly increases) in filing fees at USCIS that were set to take effect on Oct. 2, 2020.

What does that mean?

An injunction is issued by a court and it stops certain action from taking place. In this case, the court has decided that the USCIS cannot implement the changes in filing fees as planned on Oct. 2, 2020.

Who does this effect?

Anyone who has a case that they are ready to file after today, Oct. 2, 2020, will be eligible to use the current filing fee schedule.

How long will the implementation of the increase be stopped?

The court issued the immediate stop of the implementation. In the issuance of this type of injunction, it will remain in effect until either the defendants (USCIS) file and win an appeal in opposition to the injunction or until the case is finalized in court – by trial or settlement.

The defendants (USCIS) have 60 days to appeal the decision so it is possible that the injunction would only be in effect until late November or early December. However, there is no requirement that the defendants wait the full 60 days. If they file an appeal, the court will adjudicate it timely. If the court decides to overturn the decision to enjoin the implementation, USCIS would be able to immediately issue a new effective date.

What should I do?

If you have an immigration matter that you could file, do not wait any longer

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