THE DEPARTMENT OF HOMELAND SECURITY & USCIS ARE ENJOINED FROM IMPLEMENTING NEW PUBLIC CHARGE GROUND OF INADMISSIBILITY

Practice Areas

By: Angelita Chavez-Halaka; Armando Escobedo; Gladys Gervacio

Summary

On October 11, 2019, the U.S. District Courts for the Southern District of New York, Northern District of California, and Eastern District of Washington, enjoined the Department of Homeland Security (DHS) and USCIS from moving forward on the new Public Charge Rule.

What to Expect from USCIS?

Due to the injunction, the following cases will continue to be adjudicated under the 1999 Field Guidance on Deportability and Inadmissibility on Public Charge Grounds:

  • Adjustment of Status to Lawful Permanent Residents
  • Extension of Nonimmigrant Status
  • Change of Nonimmigrant Status

USCIS will accept the current edition of the following forms until a final decision in the court cases are issued or the injunction is lifted:

  • Form I-129 (01/31/2019)
  • Form I-485 (07/15/2019, 12/13/2017)
  • Form I-539 (02/04/2019)
  • Form I-864 (03/06/2018)

Form I-864 EZ (03/06/2018)

Department of State (DOS) Exception

The Department of State (DOS) has stated it will still move forward on October 15, 2019 and determine inadmissibility under its Public Charge Rule for new visas and green cards at US consulates based on the “totality of circumstance,” if at any time in the future, an individual is likely to become a public charge, weighed by the following factors at the time of the application:

  • Age
  • Health
  • Family status
  • Financial resources, including assets
  • Education and skills
  • Prospective immigration status
  • Expected period of admission
  • Sufficient affidavit of support

Please Note: The Department of State has yet to clarify how it will implement the Public Charge Rule.

As always, we will continue to monitor for any update on the implementation of the Public Charge Rule.

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