On March 7, 2025, the American Immigration Lawyers Association (AILA) and the law firm Benach Collopy, LLP filed a lawsuit against U.S. Citizenship and Immigration Services (USCIS). The legal action challenges USCIS’s abrupt implementation of new immigration form editions without prior notice or a grace period, a move that could lead to widespread application rejections and significant disruptions for applicants and their legal representatives.
Background of the Lawsuit
USCIS recently released updated editions of several critical immigration forms, including:
- Form I-356: Request for Cancellation of Public Charge Bond
- Form I-914: Application for T Nonimmigrant Status
- Form I-941: Application for Entrepreneur Parole
These updates were made effective immediately upon release, with no transitional period during which previous form versions would be accepted. This sudden change has created confusion and potential delays for applicants and their attorneys.
Implications of Immediate Form Changes
The lack of notice and absence of a grace period for the acceptance of prior form editions have several critical implications:
- Application Rejections: Applications submitted using now-outdated forms may be rejected, leading to delays and potential loss of eligibility for certain immigration benefits.
- Increased Costs: Applicants and their attorneys may incur additional expenses to prepare and submit new forms.
- Legal Uncertainty: Abrupt changes without clear guidance can result in misunderstandings and errors in application processes.
Brian Green of the Law Office of Brian Green highlighted the practical challenges, stating that many attorneys are scrambling to update application packets, leading to client frustration and misdirected blame.
Legal Grounds for the Lawsuit
The lawsuit, filed in the U.S. District Court for the District of Columbia, seeks declaratory and injunctive relief under the Administrative Procedure Act (APA). The plaintiffs argue that USCIS’s policy of publishing new form editions without notice and requiring their immediate use violates procedural norms and jeopardizes the rights of applicants.
Sarah Pitney of Benach Collopy expressed concern over the potential harm to clients, particularly those who might lose eligibility for permanent status due to processing delays. She also noted issues related to changes in gender marker fields on the forms, which could adversely affect LGBTQ+ immigrants.
USCIS’s Response and Subsequent Developments
In response to the lawsuit, USCIS updated its forms webpage on March 8, 2025, to reflect at least a one-month grace period for all forms issued in the past two weeks. This update allows applicants to use prior versions of the relevant forms until the specified date, mitigating some immediate concerns raised by the abrupt changes.
The agency acknowledged the need for a transitional period, stating that while no definite grace period was initially provided, they would exercise discretion to accept previous form versions for a reasonable period after new editions take effect.
Ongoing Advocacy for Fair Procedures
The swift action by AILA and Benach Collopy underscores the legal community’s commitment to ensuring fair and predictable immigration processes. By advocating for reasonable notice and grace periods for form changes, they aim to protect the rights of immigrants and maintain the integrity of legal practices.
Applicants and practitioners are advised to stay informed about form updates and USCIS announcements to ensure compliance with current requirements.
Disclaimer: Immigration policies and procedures are subject to change.
Contact Dworsky Law Firm for Assistance
If you or someone you know is affected by these changes, Dworsky Law Firm offers expert legal support to help navigate this challenging time.
- Phone: +1 (847) 441-4188
- Email: [email protected]