If you haven't noticed, USCIS has finally responded to the Court decision on the new Public Charge rule. On Sept. 11, 2020, the US Court of Appeals for the Second Circuit made a decision to allow Department of Homeland Security to resume implementing the Public Charge final rule nationwide, including New York, Connecticut and Vermont. What does that mean?
Form I-944 Declaration of Self Sufficiency is Back
That means USCIS is going to start requiring Form I-944 again for all applications on and after Feb. 24th, 2020. (Same as the original date before the pandemic hit). Form I-944 is now available again on USCIS's website. See more details here.
Who Needs to Submit Form I-944 Now?
Almost all applicants are now again required to submit Form I-944 Declaration of Self Sufficiency. Some applicants may be exempt, such as:
- Refugees
- Asylees
- Afghans and Iraqis with special immigrant visas
- Certain nonimmigrant trafficking and crime victims
What If I Already Submitted My I-485 Application without Form I-944?
According to the USCIS's website, all applicants on and after Feb. 24th, 2020 are required to have Form I-944. If you have filed your Form I-485 without Form I-944
- before October 13th, 2020, USCIS will issue an RFE to request missing forms and evidence
- after October 13th, 2020, USCIS will reject your Form I-485 if you do not include Form I-944 and evidence with Form I-485
The same rule applies to any missing evidence for Form I-129, Petition for a Nonimmigrant Worker; Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker; Form I-539, Application to Extend/Change Nonimmigrant Status; and Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status.
Learn more about Public Charge Rule:
How to Overcome Public Charge I-944 Declaration of Self-Sufficiency
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