USCIS Provides Guidance on Public Charge in the Wake of a Court Injunction

प्रकाशित मिति : श्रावण १६, २०७७ शुक्रबार

USCIS has confirmed that it will comply with a recent federal district court order that temporarily enjoins the agency from applying the Department of Homeland Security’s 2019 public charge regulation to applicants for adjustment of status or nonimmigrant changes or extensions of status.

On July 29, 2020, Judge George B. Daniels of the U.S. District Court for the Southern District of New York issued a nationwide preliminary injunction against the enforcement of DHS’s public charge rule during the COVID-19 public health emergency.

In compliance with the order, USCIS will not require applicants for adjustment of status to permanent residence to submit Form I-944, the new Declaration of Self-Sufficiency, and accompanying personal documentation when filing a Form I-485 postmarked July 29, 2020 or later.

As long as the July 29, 2020, SDNY decision is in effect, USCIS will apply the 1999 public charge guidance that was in place before the Public Charge Rule was implemented on Feb. 24, 2020 to the adjudication of any application for adjustment of status on or after July 29, 2020.

In addition, USCIS will adjudicate any application or petition for extension of nonimmigrant stay or change of nonimmigrant status on or after July 29, 2020, consistent with regulations in place before the Public Charge Rule was implemented; in other words, we will not apply the public benefit condition.

For applications and petitions that USCIS adjudicates on or after July 29, 2020, pursuant to the SDNY injunction, USCIS will not consider any information provided by an applicant or petitioner that relates to the Public Charge Rule, including information provided on the Form I-944, or information on the receipt of public benefits in Part 5 on Form I-539, Part 3 on Form I-539A or Part 6 on Form I-129.

Applicants and petitioners whose applications or petitions are postmarked on or after July 29, 2020, should not include the Form I-944 or provide information about the receipt of public benefits on Form I-485, Form I-129, or Form I-539/I-539A.

USCIS will issue guidance regarding the use of affected forms. In the interim, USCIS will not reject any Form I-485 on the basis of the inclusion or exclusion of Form I-944, nor Forms I-129 and I-539 based on whether Part 6, or Part 5, respectively, has been completed or left blank.

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