North Carolina Immigration Attorneys

WHAT THE FEDERAL COURT INJUNCTION ON PUBLIC CHARGE REQUIREMENTS MEANS FOR ADJUSTMENT OF STATUS APPLICANTS

On July 29, 2020, Judge George B. Daniels of the United States District Court for the Southern District of New York issued a preliminary injunction in which he enjoined the Department of Homeland Security’ (DHS) from enforcing, applying, or implementing, or treating as effective, Inadmissibility of Public Charge Grounds Final Rule while there is a declared national health emergency in response to the COVID-19 pandemic.

USCIS has confirmed that as long the July 29, 2020 decision is in effect, it will not require applicants for adjustment of status to submit the Form I-944, Declaration of Self Sufficiency, when the adjustment of status Form I-485 is postmarked July 29, 2020 or later. As such, USCIS will apply the 1999 public charge guidance which was in effect prior to the Public Charge Rule implemented on February 24, 2020. Additionally, USCIS will not consider the information provided on the Form I-944 when adjudicating any application or petition for extension of nonimmigrant stay or change of nonimmigrant status on or after July 29, 2020.

Moreover, applicants for a change or extension of nonimmigrant status on Form I-129 or Form I-539/I-539A will not be required to answer questions about their receipt of public benefits if their cases are postmarked July 29, 2020 or later. Specifically, USCIS will not consider any information provided by an applicant or petitioner that relates to the Public Charge Rule, including information provided on the Form I-944, or information on the receipt of public benefits in Part 5 on Form I-539, Part 3 on Form I-539A or Part 6 on Form I-129.

Brown Immigration will continue to monitor any changes or challenges that may arise as a result of the Federal Court’s injunction and will provide any new updates as they become available.