We recently wrote about the increases in U.S. immigration filing fees, set to take effect October 2, 2020. We even produced a Youtube video about it. And at Paschal Nwokocha & Chukwu, we have been working relentlessly to file our clients’ applications and petitions before the increase set in.
We are happy to report that on September 29, 2020, a Federal District Court issued a national injunction against the rule going into effect. We expect the government to continue accepting the current fees until this injunction is set aside. According to the court:
For the foregoing reasons, the Court GRANTS Plaintiffs’ motion for a preliminary injunction and a stay of the effective date of the Final Rule. Accordingly,
1. Pursuant to 5 U.S.C. section 705 the Court STAYS implementation and the effective date of of USCIS Immigration Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements, 85 Fed. Reg. 46,788 (Aug. 3, 2020) (the “Final Rule”) in its entirety pending final adjudication of this matter.
2. Pursuant to Federal Rule of Civil Procedure 65, Defendants Wolf, in his official capacity under the title of Acting Secretary of DHS; Cuccinelli, in his official capacity under the title of Senior Official Performing the Duties of the Deputy Secretary of DHS; DHS; and USCIS, and all persons acting under their direction, ARE ENJOINED from implementing or enforcing the Final Rule or any portion thereof.
3. This preliminary injunction and stay shall take effect immediately and shall remain in effect pending trial in this action or further of this Court.
The case is Immigrant Legal Resource Center, et al., v. Chad F. Wolf, et al. DHS is expected to appeal the decision.