DHS Resumes the Old Public Charge Rules- Suspends the use of Form I-944!
By
Dev B. Viswanath, Esq.
This is excellent news for both the Immigrant Sponsor and the intended immigrants. The Department of Homeland Security (DHS) announced the withdrawal of the proposed rule for the affidavit of support. This was in line with DHS's commitment to reduce obstacles in the legal immigration attorney system that made it harder for American families to sponsor immigrants to the U.S. The proposed rule would have changed the evidentiary requirements for U.S. citizens, nationals, and lawful permanent residents to complete an affidavit of support in accordance with Section 213A of the Immigration and Nationality Act However, for the time being, the fundamentals of evidentiary proof will not change.
Additionally, on March 9, 2021, USCIS stopped applying the Public Charge Final Rule to any and all pending applications and petitions. The affected USCIS forms now have updated versions, and USCIS has removed content from the affected forms that were related to the canceled 2019 Public Charge Final Rule.
As a result, USCIS is no longer implementing the Public Charge Final Rule from August 2019. Consequently, USCIS will apply the public charge inadmissibility statute in accordance with the 1999 DHS (formerly INS) Guidance, among other changes. To put it another way, the public charge inadmissibility determination made by USCIS does not take into account an applicant's receipt of benefits from public housing, Medicaid, or the Supplemental Nutrition Assistance Program (SNAP), with the exception of long-term institutionalization at the expense of the government.
Additionally, the separate but related "public benefits condition" will no longer be applied to applications or petitions for a change of nonimmigrant status or an extension of a nonimmigrant stay by USCIS.
This is excellent news for both the Immigrant Sponsor and the intended immigrants. The Department of Homeland Security (DHS) announced the withdrawal of the proposed rule for the affidavit of support. This was in line with DHS's commitment to reduce obstacles in the legal immigration system that made it harder for American families to sponsor immigrants to the U.S. The proposed rule would have changed the evidentiary requirements for U.S. citizens, nationals, and lawful permanent residents to complete an affidavit of support in accordance with Section 213A of the Immigration and Nationality Act However, for the time being, the fundamentals of evidentiary proof will not change.
Additionally, on March 9, 2021, USCIS stopped applying the Public Charge Final Rule to any and all pending applications and petitions. The affected USCIS forms now have updated versions, and USCIS has removed content from the affected forms that were related to the canceled 2019 Public Charge Final Rule.
As a result, USCIS is no longer implementing the Public Charge Final Rule from August 2019. Consequently, USCIS will apply the public charge inadmissibility statute in accordance with the 1999 DHS (formerly INS) Guidance, among other changes. To put it another way, the public charge inadmissibility determination made by USCIS does not take into account an applicant's receipt of benefits from public housing, Medicaid, or the Supplemental Nutrition Assistance Program (SNAP), with the exception of long-term institutionalization at the expense of the government.
Additionally, the separate but related "public benefits condition" will no longer be applied to applications or petitions for a change of nonimmigrant status or an extension of a nonimmigrant stay by USCIS.
The Public Charge Final Rule alone should not be the sole focus of information or evidence provided by applicants and petitioners. This indicates that when filing their Form I-485, applicants for adjustment of status should not include the Declaration of Self Sufficiency, Form I-944, or any evidence or documentation required by Form I-944. On Forms I-129 (Part 6), I-129CW (Part 6), I-539 (Part 5), and I-539A (Part 3), applicants and petitioners for extension of nonimmigrant stay and change of non-immigrant status should not provide information regarding the receipt of public benefits.
Information on the receipt of public benefits on Forms I-129 (Part 6), I-129CW (Part 6), I-539 (Part 5), and I-539A (Part 3) will not be taken into consideration by USCIS if an applicant or petitioner has already provided information that is solely related to the Public Charge Final Rule and the USCIS decides to adjudicate the application or petition on or after March 9, 2021. Examples of information that is solely related to the Public Charge Final Rule include, for instance, In accordance with the laws, rules, and policies in effect at the time of adjudication, any additional information will be evaluated.
You are not required to provide that information if you received a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) requesting information that is only required under the Public Charge Final Rule, such as Form I-944, and your response is due on or after March 9, 2021. However, you are required to respond to the RFE or NOID sections pertaining to your eligibility for the requested immigration benefit.
