Federal District Court Blocks Public Charge Rule and USCIS Issues Subsequent Guidance

Federal District Court Blocks Public Charge Rule and USCIS Issues Subsequent Guidance

| Aug 4, 2020 | Firm News

On July 29, 2020, the U.S. District Court for the Southern District of New York issued a nationwide preliminary injunction temporarily blocking the Department of Homeland Security’s Public Charge Rule due to the COVID-19 national health emergency.

The Department of Homeland Security’s 2019 Public Charge Rule, which was implemented on February 24, 2020, required foreign nationals to demonstrate that they would not become a public charge of the U.S. government.

In response to the preliminary injunction, USCIS clarified on July 31, 2020, that it would no longer require foreign nationals seeking permanent residency to file Form I-944, Declaration of Self-Sufficiency, together with Form I-485, Application to Adjust Status, for applications postmarked July 29, 2020, or later. Additionally, USCIS will not require foreign nationals seeking a change or extension of nonimmigrant status to provide information related to the Public Charge Rule on Form I-129 or Form I-539.

More information can be found at: https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/injunction-of-the-inadmissibility-on-public-charge-grounds-final-rule. USCIS guidance will remain in effect while the preliminary injunction remains in place, and the immigration attorneys at David Hirson & Partners, LLP are monitoring this situation as it develops.