Applicants and petitioners for extension of nonimmigrant stay and change of nonimmigrant status should not provide information related to the receipt 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). That means that applicants for adjustment of status should not submit Form I-944, Declaration of Self Sufficiency, or any evidence or documentation required by Form I-944 when they file their Form I-485. In addition, USCIS will no longer apply the separate, but related, “public benefits condition” to applications or petitions for extension of nonimmigrant stay and change of nonimmigrant status.Īpplicants and petitioners should not provide information or evidence related solely to the Public Charge Final Rule. USCIS continues to apply the public charge inadmissibility statute, including consideration of the statutory minimum factors in the totality of the circumstances, in accordance with the 1999 Interim Field Guidance that was in place before the Public Charge Final Rule was implemented. When the vacatur went into effect, USCIS immediately stopped applying the Public Charge Final Rule to all pending applications and petitions that would have been subject to the rule. District Court for the Northern District of Illinois’ order vacating the Public Charge Final Rule went into effect. On March 9, 2021, the Seventh Circuit lifted its stay and the U.S. Court of Appeals for the Seventh Circuit. 2, 2019) (Public Charge Final Rule) nationwide. 14, 2019)), as amended by Inadmissibility on Public Charge Grounds Correction, 84 Fed. District Court for the Northern District of Illinois vacated the Inadmissibility on Public Charge Grounds final rule (84 Fed. To provide clarity and help answer questions, we've created a public charge resource page filled with facts, Q&A and useful links. In other words, USCIS is not considering an applicant’s receipt of Medicaid (except for long-term institutionalization at the government’s expense), public housing, or Supplemental Nutrition Assistance Program (SNAP) benefits as part of the public charge inadmissibility determination. As a consequence, among other changes, USCIS will apply the public charge inadmissibility statute consistent with the 1999 Interim Field Guidance. USCIS is no longer applying the August 2019 Public Charge Final Rule. To learn more about how we are applying the public charge ground of inadmissibility, visit our Public Charge Resources page. Until the effective date of the final rule, USCIS will continue to apply the public charge ground of inadmissibility consistent with the 1999 Interim Field Guidance. 23, 2022, and will apply to applications postmarked (or electronically submitted) on or after that date. 8, 2022, DHS announced a final rule that will implement the public charge ground of inadmissibility.
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