The Public Charge Rule will no longer be applied

The Public Charge Rule will no longer be applied

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There have been many changes regarding the Public Charge Rule, and the latest developments are that USCIS, United States Citizenship and Immigration Services will no longer be applying it.

“USCIS is no longer applying the August 2019 Public Charge Final Rule”, they informed on their website on March 10, 2021. 

Consequently, the Public Charge inadmissibility statute consistent with the 1999 Interim Field Guidance will be applied instead.

What does this mean for immigrants?

USCIS will now not consider an applicant’s receipt of Medicaid unless it is a 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.

“Public Charge” refers to an individual who is likely to become primarily dependent on the government for subsistence. A Public Charge questionnaire was used to collect information about anyone who was seeking a Green Card. Some of the details they had to disclose were related to their health, financial status, and household size. 

What is the background of the Public Charge rule?

In November 2020, the US District Court for the Northern District of Illinois vacated the Inadmissibility on Public Charge Grounds final rule (84 Fed. Reg. 41,292 (August 14, 2019)), as amended by Inadmissibility on Public Charge Grounds; Correction, 84 Fed. Reg. 52,357 (Oct. 2, 2019) (Public Charge Final Rule) nationwide. 

That decision was stayed by the US Court of Appeals for the Seventh Circuit.

Then, on March 9, 2021, the Seventh Circuit lifted its stay, and the US District Court for the Northern District of Illinois’ order vacating the Public Charge Final Rule went into effect. 

As soon as the vacatur went into effect, USCIS stopped immediately applying the Public Charge Final Rule to all pending applications and petitions that would have been subject to that rule.

Nonetheless, 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. 

This also means that USCIS will not be applying the “public benefits condition” anymore to applications or petitions for extension of nonimmigrant stay and change of nonimmigrant status.

Those people that are applying for a Green Card do not have to provide further information or evidence related to the Public Charge Final Rule, which means they do not have to 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. 

“If you have already provided information related solely to the Public Charge Final Rule, and USCIS adjudicates the application or petition on or after March 9, 2021, USCIS will not consider any information that relates solely to the Public Charge Final Rule, including, for example, information provided on Form I-944, evidence or documentation submitted with Form I-944, or information on 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)”, they explained.

Any other information received will be evaluated consistent with the statute, regulations, and policies in effect at adjudication. Additionally, if you received a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) requesting information that is solely required under the Public Charge Final Rule, including but not limited, to Form I-944, and your response is due on or after March 9, 2021, you do not need to provide that information. 

Nonetheless, you do need to respond to the aspects of the RFE or NOID that otherwise pertain to the eligibility for the immigration benefit sought.

As you are aware, immigration can be a complicated procedure, and it is a unique one for every person that requests a Green Card. Therefore, we suggest you go through this journey with the help of an immigration attorney who has done this many times and will give you the best possible advice. Contact us today at Kannan Law.