Public Charge Rule No Longer in Effect
We are delighted to report that USCIS will no longer apply the new rules for determining whether a foreign national is at risk of becoming a “Public Charge” effective March 9, 2021.
A “public charge” is an individual who requires financial assistance from the state to meet basic needs, such as food, housing, and healthcare. Under the immigration statute, a foreign national who is likely to become a public charge is not admissible to the United States.
The Trump administration sought to tighten the “public charge” ground for denying admission and/or permanent residence by introducing a new set of criteria by which the agency would make this determination. These new requirements were introduced in August 2019, and became known as a “wealth test,” which disproportionately impacted family-based immigration and individuals who were less educated, lower-skilled, or with fewer resources.
Last week, the Department of Homeland Security’s Secretary, Alejandro Mayorkas, announced that “The 2019 public charge rule was not in keeping with our nation’s values. It penalized those who access health benefits and other government services available to them.”
In light of the agency’s recent announcement, here’s what applicants for permanent residence and nonimmigrant status need to know:
Applicants filing for adjustment of status no longer need to submit Form I-944, Declaration of Self Sufficiency, or any evidence or documentation required by Form I-944 when filing Form I-485.
Applicants filing for extension of nonimmigrant stay and change of nonimmigrant status no longer need to provide information related to the evidence of public benefits on Form I-129 (Part 6), Form I-129CW (Part 6), Form I-539 (Part 5), and Form I-539A (Part 3).
Additionally, if applicants received a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) notices based on information solely required under the Public Charge Final Rule, the applicant does not need to provide this information if the response is due on or after March 9, 2021.
Although 14 states led by Texas tried to revive the Trump Administration’s public charge policy immediately after the agency’s announcement last week, a federal court of appeals (the Seventh Circuit) denied their motion yesterday (March 15). [Hurrah].
This is a welcome development, and we will continue to keep you updated on such changes.
This alert is for informational purposes only. Please contact us if you would like to discuss this development further.