Release Date: March 11, 2021
** This is good news. The public charge regulation, which was issued by former President Trump in 2019 and came into effect on February 24, 2020, has been completely abolished. **
The US Department of Homeland Security and the USCIS are repealing the Public Charge Ground of Inadmissibility policy on March 11th.
According to the USCIS, applicants will not be required to submit a Public Assistance Form (I-944) and supporting documents when filing an Adjust Status Application (I-485) starting March 9. Applicants and petitioners have already received a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) for the public charge, they do not have to submit the requested documentation.
In addition, applicants and petitioners are not required to answer the public charge questions on Adjust Status Form I-485 and petitions and applications for nonimmigrant status, Forms I-129, I-539, and I-539A.
Further, when submitting Adjust Status form I-485, the USCIS said that rejection will not be made even if Form I-944 is not submitted.
WASHINGTON—Today, DHS filed for public inspection with the Federal Register a rule that formally removes from the Code of Federal Regulations the now-vacated 2019 rule on public charge inadmissibility. On March 9, 2021, a court order vacating the 2019 public charge rule went into effect, and DHS immediately stopped applying the rule. Today’s rule completes the last step in implementing that vacatur.
“Today, DHS closed the book on the public charge rule and is doing the same with respect to a proposed rule regarding the affidavit of support that would have placed undue burdens on American families wishing to sponsor individuals lawfully immigrating to the U.S.,” said Secretary of Homeland Security Alejandro N. Mayorkas. “In the weeks ahead, we will work with our federal agency partners and community leaders to ensure immigrants and their families have accurate information about our public charge policies. DHS is committed to implementing reforms that improve our immigration system and reduce unnecessary barriers to legal immigration.”
As DHS announced on March 9, as a result of the vacatur, the 1999 interim field guidance on the public charge inadmissibility provision (i.e., the policy that was in place before the 2019 public charge rule) is now in effect.
Today, DHS also submitted a notice to the Federal Register withdrawing an Oct. 2, 2020, proposed rule related to the affidavit of support. Under Section 213A of the INA, USCIS requires an affidavit of support for most family-sponsored immigrants and some employment-based immigrants. The individual who signs the affidavit agrees to financially support the named immigrant and becomes the sponsor once the intending immigrant becomes a lawful permanent resident. The affidavit of support proposed rule would have changed evidentiary requirements to impose new, costly burdens, estimated at $240 million annually, on those sponsoring lawful immigrants.
Public Charge
Alert: On Sept. 8, 2022, DHS announced a final rule that will implement the public charge ground of inadmissibility. The final rule will be effective on Dec. 23, 2022, and will apply to applications postmarked (or electronically submitted) on or after that date. Until the effective date of the final rule, USCIS will continue to apply the public charge ground of inadmissibility consistent with the 1999 Interim Field Guidance.
To learn more about how we are applying the public charge ground of inadmissibility, visit our Public Charge Resources page.
USCIS is no longer applying the August 2019 Public Charge Final Rule. As a consequence, among other changes, USCIS will apply the public charge inadmissibility statute consistent with the 1999 Interim Field Guidance. In other words, USCIS is not considering an applicant’s receipt of Medicaid (except for 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.
To provide clarity and help answer questions, we've created a public charge resource page filled with facts, Q&A and useful links. Visit our resource page, to learn more.
Background
On Nov. 2, 2020, the U.S. District Court for the Northern District of Illinois vacated the Inadmissibility on Public Charge Grounds final rule (84 Fed. Reg. 41,292 (Aug. 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 U.S. Court of Appeals for the Seventh Circuit.
On March 9, 2021, the Seventh Circuit lifted its stay and the U.S. District Court for the Northern District of Illinois’ order vacating the Public Charge Final Rule went into effect. When the vacatur went into effect, USCIS immediately stopped applying the Public Charge Final Rule to all pending applications and petitions that would have been subject to the rule. 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. In addition, USCIS will no longer apply the separate, but related, “public benefits condition” to applications or petitions for extension of nonimmigrant stay and change of nonimmigrant status.
Applicants and petitioners should not provide information or evidence related solely to the Public Charge Final Rule. That means that applicants for adjustment of status should not 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. 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).
If an applicant or petitioner 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). Any other information received will be evaluated consistent with the statute, regulations, and policies in effect at the time of adjudication.
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. However, you do need to respond to the aspects of the RFE or NOID that otherwise pertain to the eligibility for the immigration benefit sought. If USCIS requires additional information or evidence to make a public charge inadmissibility determination under the statute and consistent with the 1999 Interim Field Guidance, we will issue another RFE or NOID.
USCIS published new form editions for affected forms. Starting April 19, 2021, we will only accept the 03/10/21 editions. Until then, you can also use the prior editions specified on each form webpage.
