On September 22, 2020, USCIS updated its website to indicate that it is moving forward with implementing the Public Charge Rule.
Following the September 11, 2020 decision by the U.S. Court of Appeals for the Second Circuit—which allowed USCIS to proceed with implementing the new rule throughout the United States, including in New York, Connecticut, and Vermont—USCIS had not clarified if it was requiring applicants to file Form I-944, Declaration of Self-Sufficiency.
With the September 22, 2020 update to its website, USCIS confirms that they will apply the Public Charge Rule to all applications postmarked or submitted electronically on or after February 24, 2020.
USCIS confirms that for any Form I-485, Application to Register Permanent Residence or Adjust Status submitted between February 24, 2020 and October 13, 2020, if the application was filed without Form I-944, they will request the required form and evidence. For any Form I-485 submitted after October 13, 2020 without the required Form I-944, USCIS will reject the Form I-485.
USCIS will not re-adjudicate any I-485 that was approved following the July 29, 2020 injunction.
Please contact us if you have questions about the Public Charge Rule.