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Order enjoining the government from implementing the fee waiver changes

  • Organization: US District Court for the Northern District of CA, San Francisco Division
  • Document Type: Brief/Motion Papers
  • Date Created: Monday, December 16, 2019
  • Attachment(s): PDF

ILRC update: 

- The injunction is in effect now.
- The court barred the use of the new I-912 for all purposes, not just naturalization.
- The government has informed our attorneys that USCIS is working expeditiously to update its website and materials to reflect the court's order. We will know more about exact timing as the day unfolds.
- The corresponding revisions to the USCIS Policy Manual are also enjoined (Volume 1: General Policies and Procedures, Part B, Submission of Benefit Requests, Chapter 3, Fees and Chapter 4, Fee Waivers).
- You can start preparing and submitting fee waiver applications using the previous version of the form. You can submit fee waivers based on receipt of means-tested benefits. If you are submitting a fee waiver on the basis of income, the new requirements to submit a tax transcript are not in effect.
- The injunction says the new I-912 (dated 10/24/19 that had gone into effect on 12/2/19) is enjoined, as well as the accompanying policy changes. So we revert back to prior policy. The injunction does not specifically address whether USCIS must accept all previous versions of the I-912 or just the most recent 3/13/18 version (available on the NAC website). However, prior to the 12/2/19 form and policy change, USCIS accepted all versions of the I-912, as well as any substantiated written request for a fee waiver. That was the prior policy.
- The PI order is attached below. All court documents and case updates are available here: https://protectdemocracy.org/project/city-of-seattle-v-dhs/.

Topics:
  • Forms/Fees