Public Charge Rule is Back
On September 22, 2020, the USCIS announced that it plans to resume implementing the public charge rule that was in place before the COVID-19 outbreak.[i]
If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, after Feb. 24, 2020 but before Oct. 13, 2020, you may be required to file Form I-944, Declaration of Self-Sufficiency.
If the USCIS receives a Form I-485, Application to Register Permanent Residence or Adjust Status, before Oct. 13, 2020, that does not have all required forms and evidence, the USCIS will issue a Request for Evidence (“RFE”) for any missing forms and evidence.[ii]
After Oct. 13, 2020, the USCIS will reject any Form I-485 that does not include the required forms and evidence at the time of filing.[iii]
A history of the court decisions (from the USCIS website) is provided below:
History of Court Decisions
On July 29, 2020, the U.S. District Court for the Southern District of New York (SDNY), in State of New York, et al. v. DHS, et al. and Make the Road NY et al. v. Cuccinelli, et al., enjoined DHS from enforcing, applying, implementing, or treating as effective the public charge rule during a declared national health emergency. The decision was issued during the COVID-19 outbreak. (84 FR 41292, Aug. 14, 2019, final rule; as amended by 84 FR 52357, Oct. 2, 2019, final rule correction.)
On July 30, 2020, we announced that we would apply the 1999 public charge guidance when adjudicating any application for adjustment of status on or after July 29, 2020, and while the injunction was in place. We also announced that we would use the regulations that were in place before the public charge final rule was implemented on Feb. 24, 2020, to adjudicate applications and petitions for extension of nonimmigrant stay and change of nonimmigrant status (that is, we would not apply the public benefit condition while the injunction remained in place).
On Aug. 12, 2020, the U.S. Court of Appeals for the Second Circuit, in State of New York, et al. v. DHS, et al. and Make the Road NY et al. v. Cuccinelli, granted a temporary stay of the July 29, 2020, nationwide injunction in all states outside of the Second Circuit (that is, all states except New York, Connecticut and Vermont).
On Sept. 11, 2020, the U.S. Court of Appeals for the Second Circuit, in State of New York, et al. v. DHS, et al. and Make the Road NY et al. v. Cuccinelli, granted a full stay of the July 29, 2020, injunction pending the government’s appeal. This full stay allows DHS to resume implementing the public charge final rule nationwide, including in New York, Connecticut and Vermont.[iv]
If you have questions about a pending I-130 or I-485 adjustment of status application, contact Lally Immigration Services, LLC at (617) 870-1000. You may also email immigration lawyer, Dayna Lally, at [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.
