Wealth Test for Intending Immigrants Still Applies

The legal battle to set aside the “wealth test” for intending immigrants faces another setback after a momentary, day-long victory at the district court level in Illinois.  The Seventh Circuit Court of Appeals, which oversees the district courts in Illinois, sided with the Trump administration last week by promptly overturning a district court judge’s decision to stop the implementation of the “wealth test” nationwide while the legal challenge to the rule is being litigated. 

This decision is the latest development in a year of litigation over the controversial rule, which took effect on February 24, 2020, and which redefines how the Department of Homeland Security determines whether an intending immigrant is “likely to become a public charge,” and therefore inadmissible to the United States.   A public charge is someone who relies on public benefits because his or her income is insufficient to meet basic needs. To learn more about who qualifies as a “public charge” under the new rule, please see our previous blogpost on the issue.

To help the agency determine whether an applicant is likely to rely on public benefits, most applicants for permanent residence must submit a comprehensive 18-page Form I-944, Declaration of Self-Sufficiency, with supporting documentation when filing an application to adjust status to permanent residence.  The purpose of this form and the accompanying evidence is to assure the US government that the applicant is unlikely to need public assistance. 

In light of last week’s Seventh Circuit decision, applicants for permanent residence should continue to submit the Form I-944 when filing their application to adjust status to permanent residence in the United States. 

This alert is for informational purposes only. If you would like to discuss this development further, please do not hesitate to contact us.