USCIS Resumes Public Charge Rule Nationwide

प्रकाशित मिति : आश्विन ७, २०७७ बुधबार

In the wake of the Second Circuit’s September 11, 2020 decision to stay a limited injunction against the Department of Homeland Security public charge rule, U.S. Citizenship and Immigration Services (USCIS) today announced it will resume applying the regulation to affected adjustment of status applications and nonimmigrant extensions of stay and changes of status.

USCIS will apply the public charge final rule to all applications and petitions postmarked or submitted electronically on or after Feb. 24, 2020, including pending applications and petitions. If you send application or petition by commercial courier (for example, UPS, FedEx, or DHL), USCIS will use the date on the courier receipt as the postmark date.

USCIS will not re-adjudicate any applications and petitions that were approved following the issuance of the July 29, 2020, injunction continuing until the date of this notice.

If you filed your Form I-485, Application to Register Permanent Residence or Adjust Status, after Feb. 24, 2020, you may be required to file Form I-944, Declaration of Self-Sufficiency. If USCIS receives a Form I-485 before Oct. 13, 2020, that does not have all required forms and evidence, USCIS will request any missing forms and evidence. After Oct. 13, 2020, USCIS will reject your Form I-485 if you do not include the required forms and evidence with Form I-485 at the time of filing.

USCIS will also ask for any missing evidence for Form I-129, Petition for a Nonimmigrant Worker; Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker; Form I-539, Application to Extend/Change Nonimmigrant Status; and Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status.

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, USCIS announced that USCIS 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. USCIS also announced that USCIS 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, USCIS 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.

Adjustment filings received at USCIS before October 13:

Adjustment applicants may continue to file Form I-485 without a Form I-944, Declaration of Self-Sufficiency, provided the case is received at USCIS before October 13, 2020. USCIS should not reject these cases, but will issue a Request for Evidence (RFE) for the Form I-944 and related documents. USCIS is also expected to issue public charge RFEs for adjustment cases that were filed between July 29 and September 22, 2020 and remain pending.

Adjustments received at USCIS on October 13 or later:

These filings will be rejected unless they include Form I-944 and related documentation or are exempt from the public charge regulation.

Adjustments and nonimmigrant COS/EOS filings decided between July 29 and September 22, 2020:

USCIS says it will not re-adjudicate applications or petitions that were approved between the July 29 district court injunction and today’s notice.

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