Greetings!
On January 27, 2020, in a 5-4 decision, the U.S. Supreme Court granted the Trump Administration’s request for a stay of the nationwide injunction against the Department of Homeland Security’s public charge rule, which was initially supposed to take effect in October 2019. The Supreme Court's move allows DHS to implement the rule nationwide, except for Illinois, where a statewide injunction against the rule remains in effect. In response, U.S. Citizenship and Immigration Services (USCIS) announced last night that it will implement the Final Rule on February 24, 2020, except in the State of Illinois.
The Final Rule changes the standard by which DHS determines whether an applicant for adjustment of status or admission is "likely at any time to become a public charge" and therefore inadmissible to the United States (note that some non-citizens, such as asylees and refugees, are exempt from public charge determinations). Under the Final Rule, DHS redefines public charge as a non-citizen who receives or is likely to receive one or more of the specified public benefits for more than 12 months in the aggregate within any 36-month period. The Final Rule sets forth the factors that USCIS can consider in making this determination, including age, health, income, education and skills, among others.
The Final Rule will apply to applications and petitions postmarked (or submitted electronically) on or after February 24, 2020, and USCIS has confirmed that it will not consider the receipt of certain non-cash public benefits before this date in its determinations.
Moving Forward
USCIS will be issuing updated forms, instructions and guidance during the week of February 3, 2020. These forms must be used for all petitions filed on or after February 24, 2020. We anticipate that a significant number of forms will be revised, including the I-129, I-539, I-485, and I-864. Based on earlier versions of these revised forms, we anticipate that petitioners and applicants will be asked to provide additional information and documentation.
RSST Law Group will advise clients on a case by case basis, including advising on the impact of the rule and the preparation of new forms. We will announce new legal fees once the new forms are made available.
