Update from USCIS about 2019 Public Charge Rule

USCIS has updated its website to provide more specific guidance on how cases will be handled in light of the recent announcement that it is no longer defending the 2019 Public Charge Final Rule in court. As a general matter, the 2019 rule will no longer be applied. USCIS has instructed that “applicants and petitioners should not provide information or evidence related solely to the Public Charge Final Rule. That means that applicants for adjustment of status should not submit Form I-944, Declaration of Self Sufficiency, or any evidence or documentation required by Form I-944 when they file their Form I-485.” Additionally, “if you received a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) requesting information that is solely required under the Public Charge Final Rule, including but not limited, to Form I-944, and your response is due on or after March 9, 2021, you do not need to provide that information. However, you do need to respond to the aspects of the RFE or NOID that otherwise pertain to the eligibility for the immigration benefit sought.”

Importantly, USCIS will still evaluate whether an applicant is likely to become a public charge under the 1999 rule, which is the rule that was in effect prior to the 2019 public charge rule. Therefore, USCIS may still “require additional information or evidence to make a public charge inadmissibility determination under the statute and consistent with the 1999 Interim Field Guidance.”

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