USCIS Re-instates Public Charge Rule to various petitions and applications
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Pasricha & Patel
In light of the recent stay of the July 29, 2020 nationwide injunction on the public charge rule by the U.S. Court of Appeals for the Second Circuit, USCIS has announced that it will once again apply the Public Charge rule to all relevant petitions and applications that are postmarked on or after February 24, 2020.
Specifically, USCIS has stated that any cases that are pending or filed before October 13, 2020 and missing the requisite Public Charge-related forms (such as the form I-944, Declaration of Self-Sufficiency) and information and evidence, the USCIS may issue Request for Further Evidence (RFEs) for the necessary forms or evidence.
Cases that are filed after October 13, 2020 and without the forms, information, or evidence required by the Public Charge rule will be rejected in full.
USCIS also clarified that it will not re-adjudicate any applications or petitions that are already approved that were filed without the requisite public charge forms, information or evidence.
Furthermore, USCIS will also issue RFEs for any evidence related to the Form I-129, and Form I-539, and Form I-539A.
Please also note that even though the Public Charge rule is allowed to be implemented by the USCIS, there is still active litigation on the federal level involving this rule. But any final decisions on those cases are still in the future.
Equally important, the U.S. Department of State is still barred from enforcing the Public Charge rule and its forms and requirements, and this means that foreign nationals who are applying for visas from outside the U.S. do not have to follow the Public Charge rule.
Due to the ever-changing nature of immigration news and events, we suggest readers to continue to follow our site for the latest information and news updates. Should you have more specific questions, we recommend you contact our office to set up a formal consultation.