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

 Big news! The Biden administration announced on March 9th, 2021 that it will no longer support or defend appellate challenges to the USCIS public charge rule. The Public Charge Rule will no longer be implemented by USCIS! Let's take a closer look:

What is Public Charge Rule?

USCIS started implementing public charge back in 2019. This rule can deny immigrants' admission to the US or adjustment of status to a lawful permanent resident if they have received government-issued public benefits including cash and/or medical assistance such as food stamps. 

“the 2019 public charge rule was not in keeping with our nation’s values,” said Alejandro Mayorkas, Secretary of Homeland Security.

What Happens Now?

Applicants and petitioners on or after March 9th, 2021 should not provide information required solely by the Public Charge Final Rule. No more Form I-944!

What about my RFE and/or Notice of Intent to Deny (NOID)?

If your I-944 related RFE or NOID is due on or after March 9th, 2021, you need no provide the information solely required by the Public Charge Final Rule. Be careful that you do need to respond to the aspects of the RFE or NOID that otherwise pertain to the eligibility for the immigration benefit sought. 

USCIS further explained:

USCIS will not consider, and applicants for adjustment of status who are subject to the public charge ground of inadmissibility do not need to report, the application for, certification or approval to receive, or receipt of certain previously excluded non-cash public benefits (such as SNAP, most forms of Medicaid, and public housing) before Feb. 24, 2020. Similarly, USCIS will not consider as a heavily weighted negative factor receipt of previously included public benefits (such as SSI and TANF) before Feb. 24, 2020, in a public charge inadmissibility determination.

See USCIS's website for more updates.