Injunction of the Inadmissibility on Public Charge Grounds Final Rule
On July 29, 2020, the U.S. District Court for the Southern District of New York (“SDNY”) enjoined the Department of Homeland Security (“DHS”) from enforcing, applying, implementing, or treating as effective the Inadmissibility on Public Charge Grounds Final Rule for any period during which there is a declared national health emergency in response to the COVID-19 outbreak.[i]
The Secretary of Health and Human Services declared a public health emergency on Jan. 31, 2020.[ii]
As long as the July 29, 2020 decision from SDNY is in effect, USCIS will apply its prior guidance on public charge.[iii]
Therefore, applicants and petitioners who file Form I-485, Form I-129, Form I-129CW, Form I-539, or Form I-539A on or after July 29, 2020 do not need to include the Form I-944, Declaration of Self-Sufficiency, or provide information about the receipt of public benefits.[iv]
If you would like to speak with an immigration lawyer about filing an I 485, contact Lally Immigration Services, LLC at (617) 870-1000 or by email to [email protected].
[i] See: https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/injunction-of-the-inadmissibility-on-public-charge-grounds-final-rule
[ii] Id.
[iii] Id.
[iv] Id.
