USCIS Fee Increase Stopped by Court

On September 30, 2020, a federal judge in the Northern District of California issued an injunction stopping US Citizenship and Immigration Services (USCIS) from increasing its application fees on October 2nd, as originally planned. The new fees would have made immigration unaffordable for most, including nearly doubling the cost of US Citizenship to well over $1,000 and imposing a fee for asylum applications for the first time ever. The rule would also have eliminated the possibility of fee waivers for most applications, requiring individuals to pay the full, higher prices or not apply at all.

USCIS had argued that it finds itself in a financial shortfall requiring it to increase fees to be able to meet its budgetary obligations. The same reasons were given over the summer when USCIS threatened to furlough up to 60% of its staff. In his decision, the judge clearly stated that USCIS had not established why it found itself in such dire straits financially. I-ARC members have long argued that the incessant changes in policy, along with new and unnecessary burdens imposed by the agency over the last three years as well as transfers of USCIS funds to Immigration and Customs Enforcement (ICE), are the root causes of the agency’s financial problems and that those should not be passed on to individuals seeking legal status in the United States.

As of now, the fees - and forms - remain unchanged. New versions of the form previously released and meant to be effective October 2nd should not be used. Congratulations to all of our partners who spearheaded this effort and litigated the case in court.