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U.S. District Court Issues Preliminary Injunction Halting Implementation of USCIS Fee Rule

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Pasricha & Patel

On September 29, 2020, the U.S. District Court for the Northern District of California imposed a preliminary injunction on the Department of Homeland Security to enforce its new fee rule that was set to take effect on Friday, October 2, 2020. This preliminary injunction takes effect immediately nationwide. However, there is an expectation that the government will appeal to the 9th Circuit to seek reversal.

It is not known how long that appeal process would take, nor whether there would be a reversal on the injunction in the short run, or whether there would be a modification of the preliminary injunction. But for now, and until further notice, petitioners and applicants can follow the current fee structure when submitting various forms and applications to the USCIS. Furthermore, this injunction also impacts the form changes that were supposed to go into effect on October 2, 2020. The form changes are on hold for now as well.

Due to the very fluid nature of this latest development, we recommend readers to check back with our site for any updates on this situation. Should you have any further questions about this or any other immigration-related matters, we suggest you contact our office to set up a formal consultation.