ALERT: On Sept. 29, 2020, the U.S. District Court for the Northern District of California in Immigration Legal Resource Center et al., v. Wolf, et al., 20-cv-05883-JWS, preliminarily enjoined DHS from implementing or enforcing any part of the USCIS Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements rule (PDF).
On Sept. 29, 2020, the U.S. District Court for the Northern District of California in Immigration Legal Resource Center et al., v. Wolf, et al., 20-cv-05883-JWS, preliminarily enjoined DHS from implementing or enforcing any part of the USCIS Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements rule (PDF).
While the rule is preliminarily enjoined, we will continue to:
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Accept USCIS forms with the current editions and current fees; and
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Use the regulations and guidance currently in place to adjudicate applications and petitions. This includes accepting and adjudicating fee waiver requests as provided under Adjudicator’s Field Manual (AFM) Chapters 10.9 (PDF, 2.55 MB) and 10.10 (PDF, 2.55 MB).
ALERT: The Federal District Court for the Northern District of California in Seattle v. DHS has enjoined DHS from requiring use of the 10/24/19 edition of Form I-912, Request for Fee Waiver, and from adjudicating fee waiver requests in accordance with the October 25, 2019 USCIS Policy Alert or the USCIS Policy Manual Volume 1: General Policies and Procedures, Part B, Submission of Benefit Requests, Chapter 3, Fees and Chapter 4, Fee Waivers that were issued on October 25, 2019 and took effect on December 2, 2019.
The Federal District Court for the Northern District of California in Seattle v. DHS has enjoined DHS from requiring use of the 10/24/19 edition of Form I-912, Request for Fee Waiver, and from adjudicating fee waiver requests in accordance with the October 25, 2019 USCIS Policy Alert or the USCIS Policy Manual Volume 1: General Policies and Procedures, Part B, Submission of Benefit Requests, Chapter 3, Fees and Chapter 4, Fee Waivers that were issued on October 25, 2019 and took effect on December 2, 2019.
DHS is also not requiring use of the 10/24/19 edition of Form I-912, Request for Fee Waiver, and will not apply the October 25, 2019 revisions to the USCIS Policy Manual Volume 1: General Policies and Procedures, Part B, Submission of Benefit Requests, Chapter 3, Fees and Chapter 4, Fee Waivers that took effect on December 2, 2019, or any of the other changes described by the October 25, 2019 USCIS Policy Alert (including supersession and rescission of the March 13, 2011 Policy Memorandum), pursuant to an order by the Federal District Court for the District of Columbia.
The 10/24/19 edition of the form and the provisions of Chapters 3 and 4 of the Policy Manual published on October 25, 2019 have been removed from the USCIS website. USCIS will accept the current 10/15/19 edition of Form I-912 and also accept prior editions or a written request. For applicable policies currently in effect, see Adjudicator’s Field Manual (AFM) Chapters 10.9 (PDF, 2.55 MB) and 10.10 (PDF, 2.55 MB).
