11/4/2020 Update: On 11/3/2020, the Seventh Circuit has issued an administrative stay of the decision that set aside the Public Charge Rule. As of today, Form I-944 must still be submitted with all adjustment of status applications. David Hirson & Partners, LLP will continue to monitor this matter for any new developments.
On November 2, 2020, the Northern District of Illinois granted summary judgment in the case of Cook County, Illinois, et al. v. Wolf et al., (19-cv-6334), finding that the Department of Homeland Security’s public charge rule exceeds their authority under the Immigration and Nationality Act (“INA”), is contrary to law, and is arbitrary and capricious. As such, the Public Charge Rule has been set aside nationwide, effective immediately. USCIS cannot require the Form I-944 going forward; guidance from the agency has yet to be issued.
Our firm will continue to monitor any new immigration developments. Please check our social media for updates or contact our office with your questions.