Recent Court Decisions on the Department of Homeland Security and Department of State Public Charge Rules

On September 11, 2020, the Second Circuit Court of Appeals stayed a district court's nationwide injunction on the DHS public charge rule. This means that USCIS is now free to require the Form I-944 in all jurisdictions. On September 22, 2020, USCIS issued guidance on how it will be implementing the DHS Public Charge Rule given the Second Circuit stay. 

Specifically, USCIS has announced that it will apply the Public Charge rule to all petitions and applications postmarked on or after February 24, 2020. USCIS has indicated that it will not re-adjudicate any applications or petitions already approved that were filed without required forms, information or evidence. However, for cases that are pending or are filed before October 13, 2020, USCIS may issue Requests for Evidence (RFEs) for the necessary forms or evidence. Cases filed after October 13, 2020, without the forms, information, or evidence required by the Public Charge rule will be rejected.