On November 2, 2020, a federal judge in Illinois ruled in favor of plaintiffs challenging the Trump Administration’s Public Charge rule, temporarily eliminating the new rule and its burdensome requirements nationwide.

On November 3, 2020, the Court of Appeals for the Seventh Circuit stayed the ruling pending the DHS appeal.

The Public Charge rule remains in effect, however the Biden Administration is very likely to withdraw the new, stricter requirements.

Stay with us for the latest developments.

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In a surprise ruling sure to set immigration lawyers’ hair on fire everywhere, mine included, the Supreme Court today issued a stay of a New York district court’s preliminary injunction against the tough new Public Charge rule that the Trump Administration originally slated for implementation on October 15, 2019.

In other words, the new Public Charge rule may now be implemented by the Department of Homeland Security in all states nationwide except Illinois (don’t ask).  Expect a DHS notice within 24 hours that will provide a date on which the new rule is expected to take effect, likely within 60 days or less, perhaps much sooner.

(Anybody have a fire extinguisher?)

With less than one week until USCIS implements the new Public Charge requirements, the agency has finally taken the step of making available online the form I-944 ‘Declaration of Self-Sufficiency’ that will be required of most applicants for Adjustment of Status in the United States.

Predictably, the form requests substantial personal financial information from all applicants and household members who reside with the applicant, such as previous receipt of public benefits, credit scores, personal assets and liabilities, and career and educational background information.  The form is 18 pages in length and requires voluminous supporting documentation be attached so that USCIS can undertake a thorough analysis, on evidence provided by applicants, of that applicant’s liklihood under a ‘totality of circumstances’ to become a Public Charge in the United States.

This is a burdensome new requirement on immigrants, to be sure.  We are in the very early phases of implementation of the new Public Charge rule.  For even seasoned immigration attorneys (such as yours truly) it will take months to discern agency adjudicatory interpretation of the rule, including applicant strengths, weaknesses and critical areas of focus to demonstrate qualification under the new, stricter standard.

Forms I-485 Application to Register Permanent Residence, I-864 Affidavit of Support, I-864A Contract with Household Member and I-539/A Application to Extend/Change Nonimmigrant Status have been updated as well.  All new Affidavit of Support and Adjustment of Status forms, including the I-944 Declaration of Self-Sufficiency, will be required with Adjustment of Status applications filed on or after October 15, 2019.

 

 

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