Is Public Charge Rule Blocked Again?

***New Updates March 9th, 2021: Public Charge Rule Form I-944 is No Longer Needed After March 9th, 2021!

Today we heard another update on the new Public Charge rule which was recently allowed again from late September - A federal judge in Chicago decided to block Trump administration's Public Charge rule nation-wide. 

For those who haven't heard about Public Charge rule (Form I-944), it is a strict immigration rule that would potentially deny green cards to immigrants who have used or may use public benefits within 36 months. The benefits include food stamps and other healthcare benefits. 

Is Public Charge Rule Blocked Again?

What's the latest decision on Public Charge Rule From I-944?

There has been so much going on with this debatable new immigration rule, so let me just give you a quick summary. Here's a quick timeline of what's going on:

  • Feb. 24th, 2020: USCIS started implementing the new Public Charge rule
  • July 29th, 2020: US District Judge issued an order to stop the administration from carrying the new rules out during the pandemic.
  • Sept. 11th, 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.
  • November 2nd, 2020: A federal judge in Chicago decided to block Trump administration's Public Charge rule nation-wide

As you can see, the latest update is that Public Charge rule is banned again in all United States. US District Judge Gary Feinerman rejected the reversal rule that reserved a hold on the Public Charge rule back in September and said that the rule violates the Administrative Procedure Act.

What's Going to Happen Now?

After so many turns in this controversial immigration rule, USCIS hasn't been able to catch up with the updates on their website, however, they did mention that they may cease applying the rule to pending applicants petitions to follow the ruling in Chicago. USCIS also said that they will issue additional guidance while they review the court decision. 

What do you do now? I would follow the latest on USCIS's website. Since Form I-944 Public Charge Rule is still on the website and no new guidelines coming out yet, it's a safer move to submit Form I-944 along with your Form I-485! 

Click Here to Download Form I-944 Cover Letter Templates

I will keep an eye out on the new updates and keep you all updated as soon as possible. Come back to learn more!

Meanwhile, here are some useful posts you may be interested:

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