Impact of the nationwide injunction_the Public Charge Rules | Immigration Jo Office – Jeongyun Jo

Impact of the nationwide injunction_the Public Charge Rules

On July 29, 2020, the U.S. District Court for the Southern District of New York (SDNY) enjoined the government from enforcing, applying, implementing, or treating as effective, the USCIS Final Rule on Inadmissibility on Public Charge Grounds (84 FR 41292, 8/14/19) for any period during which there is a declared national health emergency in response to the COVID-19 outbreak.

The court also issued a separate order enjoining the Department of State (DOS) from implementing, or taking any actions to enforce or apply, the 2018 FAM Revisions, the DOS Interim Final Rule on Visa Ineligibility on Public Charge Grounds (84 FR 54996, 10/11/19), or the President’s October 4, 2019 Proclamation, Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System in Order to Protect the Availability of Healthcare Benefits for Americans (84 FR 53991, 10/9/19) during the COVID-19 pandemic. These injunctions have nationwide effect during the COVID-19 pandemic.

On July 31, 2020, USCIS issued an announcement in response to the SDNY injunction stating that it will not apply the 2019 Public Charge rule, but rather will apply the 1999 public charge guidance while the SDNY decision is in effect.

USCIS stated that for applications and petitions that USCIS adjudicates on or after July 29, 2020, it 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.

Moreover, 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 also indicated that it 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.

<Source: AILA>

This entry was posted in Recent News. Bookmark the permalink.

Comments are closed.


No.TitleWriterDateHit
923 HAPPY NEW YEAR TO ALL! webmaster 2024.01.12 322
922 Beware the Promises of Notarios! webmaster 2023.02.14 421
921 Reminder to Submit All Required Initial Evidence and Supportin... webmaster 2023.02.14 417
920 FY2024 H-1B Registration Fact Sheet for Employers webmaster 2023.02.14 416
919 FY 2024 H-1B Cap Initial Registration Period Opens on March 1 webmaster 2023.01.28 431
918 Visa Bulletin For February 2023 webmaster 2023.01.24 396
917 Asylum Applicants Can Now File Form I-765 Online webmaster 2023.01.24 397
916 USCIS Extends Green Card Validity for Conditional Permanent Re... webmaster 2023.01.24 427
915 USCIS Issues Proposed Rule to Adjust Certain Immigration and N... webmaster 2023.01.09 387
914 USCIS Extends Green Card Validity Extension to 24 Months for G... webmaster 2023.01.09 397
< Prev 1 2 3 4 5 6 7 8 9 10 93 ... Next >