2019 Public Charge Rule Vacated, all appeals dismissed

On March 9th, 2021, USCIS has announced that it will immediately stop applying the Public Charge Final Rule to all pending applications and petitions based on a District Court decision that vacated the rule.  USCIS will return to applying the 1999 Interim Field Guidance, which was in place for two decades prior to the implementation of the now defunct Public Charge Final Rule, to the adjudication of any application for adjustment of status that was pending or received on or after March 9, 2021. In addition, USCIS will no longer apply the “public benefits condition” to applications or petitions for extension of nonimmigrant status or requests for change of nonimmigrant status.

Applicants for adjustment of status should not provide the Form I-944, Declaration of Self-Sufficiency, or any evidence or documentation required on that form with their Form I-485. 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).

USCIS will not consider information submitted by applicants or petitioners related solely to the Public Charge Final Rule for cases adjudicated on or after March 9, 2021.  Applicants who received a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) due on or after March 9, 2021 requesting information that is solely required under the Public Charge Final Rule, including but not limited to Form I-944, do not need to provide that information.  Applicants will still need to respond to any sections of the RFE or NOID that are unrelated to the Public Charge Rule, such as sections relating to eligibility for the status requested.

USCIS will issue additional guidance regarding the use of affected forms. In the meantime, submitted forms will not be rejected based on whether the Public Charge rule information is provided or not. 

Iandoli, Desai & Cronin, P.C., will continue to monitor these developments and will provide updates as they become available.