U.S. Department of Homeland Security to Resume applying Final Public Charge Rule

Based on the September 11, 2020 ruling of the United States Court of Appeals for the Second Circuit, the U.S. Department of Homeland Security (DHS) will resume applying the Final Public Charge Rule on a nationwide basis. This means that DHS will apply the Public Charge Rule to all applications and petitions that were postmarked or filed electronically after February 24, 2020.  This includes applications and petitions that are currently pending.  DHS advises that they will NOT re-adjudicate any applications or petitions that were approved after the July 29, 2020 injunction.   

Therefore, if you filed an I-485 Application to Adjust Status on or after February 24, 2020, you may be required to also file an I-944 Form, Declaration of Self-Sufficiency, and submit all of the required documentation.  DHS further advises that applicants who file an I-485 Application before October 13, 2020 without an I-944 and required evidence will receive a Request for Evidence asking for the missing forms and information.  However, any I-485 applications filed on or after October 13, 2020 without an accompanying I-944 form and evidence will be rejected.

DHS has also advised that they will ask for any missing evidence on all of the following forms: (1) I-129 Petition for a Nonimmigrant Worker; (2) I-129CW Petition for a CNMI-Only Nonimmigrant Transitional Worker; (3) Form I-539 Application to Extend/Change Nonimmigrant status; and (4) Form I-539A Supplemental Information for Application to Extend/Change Nonimmigrant Status.

If you have questions about the Public Charge Rule or would like to discuss anything in this post, contact U.S. Immigration Lawyer Sean D. Hummel to schedule a consultation.