Alert: 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.
We 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, which was in place before the Public Charge Final Rule was implemented on Feb. 24, 2020, to the adjudication of any application for adjustment of status. 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.
On or after March 9, 2021, applicants and petitioners should not provide information required solely by the Public Charge Final Rule. That means that applicants for adjustment of status should not provide the Form I-944, Declaration of Self-Sufficiency, or any evidence or documentation required on that form with 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 has already provided such information, and USCIS adjudicates the application or petition on or after March 9, 2021, we will not consider any information provided that relates solely to the Public Charge Final Rule, including, for example, information provided on the Form I-944, evidence or documentation submitted with Form I-944, and 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).
If you received a Request for Evidence (RFE) or Notice of Intent to Deny ( NOID) requesting information that is solely required by 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 the information solely required by the Public Charge Final Rule. However, you need to respond to the aspects of the RFE or NOID that otherwise pertain to the eligibility for the immigration benefit you are seeking. 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 send you another RFE or NOID. For information about the relevant court decisions, please see the litigation summary.
We will issue additional guidance regarding the use of affected forms. ********Until then, USCIS will not reject any Form I-485 based on the inclusion or exclusion of Form I-944. *********
更新 国土安全部于3月9日正式宣布
DHS Secretary Statement on the 2019 Public Charge Rule http://t.ly/1x6C
Today, DHS Secretary Alejandro N. Mayorkas announced that the government will no longer defend the 2019 public charge rule as doing so is neither in the public interest nor an efficient use of limited government resources.
“The 2019 public charge rule was not in keeping with our nation’s values. It penalized those who access health benefits and other government services available to them,” said Secretary of Homeland Security Alejandro N. Mayorkas. “Consistent with the President’s vision, we will continue to implement reforms that improve our legal immigration system.”
President Biden’s Executive Order on Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans called for an immediate review of agency actions on public charge inadmissibility and deportability. DHS’s review, in consultation with the Departments of Justice and State and the federal benefits-granting agencies, is ongoing.
As discussed in DHS’s litigation statement, and consistent with the government’s decision not to defend the rule, the Department of Justice is no longer pursuing appellate review of judicial decisions invalidating or enjoining enforcement of the 2019 public charge rule. Today, the Department of Justice dismissed its pending appeals in the Supreme Court and Seventh Circuit, and is in the process of doing so in the Fourth Circuit.
******Following the Seventh Circuit dismissal this afternoon, the final judgment from the Northern District of Illinois, which vacated the 2019 public charge rule, went into effect. As a result, 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. ****** http://t.ly/42pf
(Reuters) - On Mar 09, 2021, At the urging of President Joe Biden's administration, the U.S. Supreme Court on Tuesday dismissed a dispute over the legality of one of former President Donald Trump's hardline immigration rules that barred immigrants deemed likely to require government benefits from obtaining legal permanent residency.
Biden, who has criticized Trump's immigration approach, is widely expected to dump the policy known as the "public charge" rule. A coalition of immigrant rights groups that along with New York, Connecticut and Vermont had challenged the rule said Tuesday's action clears the way for the policy, which they denounced as an illegal "wealth test," to no longer be enforced.
AILA Welcomes End to Trump Administration’s Public Charge “Wealth Test”
AILA Doc. No. 21031034 | Dated March 10, 2021
WASHINGTON, DC — On Tuesday, March 9, 2021, the Biden administration ended the attempt started in 2019 by then-President Trump to bar immigrants by way of a “wealth test” known as the public charge rule. The news was met with relief and welcome by those seeking lawful permanent residence, their sponsors, and immigrant and civil rights groups, including the American Immigration Lawyers Association (AILA.) AILA had joined litigation against the USCIS’ Policy Manual and form changes implementing the public charge rule which **************contained a complex and contradictory set of rules and invasive information disclosures designed to prevent immigrants from becoming lawful permanent residents. *****************The law firm of Morgan Lewis & Bockius LLP (“Morgan Lewis”) served as pro bono co-counsel on that lawsuit.
Jesse Bless, Director of Federal Litigation for AILA stated, “In my private life as an attorney I have seen, first-hand, the anxiety and severe fear that the public charge rule has caused to many families. In my role at AILA, I have also witnessed the confusion it instilled in brilliant attorneys struggling to advise their clients regarding the public charge rule and its implications. I am grateful for everyone who collectively fought to see the battle against this unjust rule through to victory.”
Eleanor Pelta, past AILA president and partner at Morgan Lewis, stated, “ Sadly, the public charge regulation caused immigrants of all statuses to forego health care and vital economic support out of fear of jeopardizing their ability to apply for lawful permanent status. Mothers and fathers shied away from assistance that their families were eligible for because of this rule, adding additional stress and concern during a pandemic and economic downturn. It is an immense relief that the Biden administration has seen the harm done and stopped fighting this irrational battle.”
移民局更新485受理通知
Alert: 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.
We 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, which was in place before the Public Charge Final Rule was implemented on Feb. 24,
2020, to the adjudication of any application for adjustment of status. 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.
On or after March 9, 2021, applicants and petitioners should not provide
information required solely by the Public Charge Final Rule. That means that applicants for adjustment of status should not provide the Form I-944,
Declaration of Self-Sufficiency, or any evidence or documentation required
on that form with 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 has already provided such information, and
USCIS adjudicates the application or petition on or after March 9, 2021, we will not consider any information provided that relates solely to the Public Charge Final Rule, including, for example, information provided on the Form I-944, evidence or documentation submitted with Form I-944, and 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).
If you received a Request for Evidence (RFE) or Notice of Intent to Deny (
NOID) requesting information that is solely required by 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 the information
solely required by the Public Charge Final Rule. However, you need to
respond to the aspects of the RFE or NOID that otherwise pertain to the
eligibility for the immigration benefit you are seeking. 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 send you another RFE or NOID. For information about the
relevant court decisions, please see the litigation summary.
We will issue additional guidance regarding the use of affected forms. ********Until then, USCIS will not reject any Form I-485 based on the inclusion
or exclusion of Form I-944. *********
更新 国土安全部于3月9日正式宣布
DHS Secretary Statement on the 2019 Public Charge Rule
http://t.ly/1x6C
Today, DHS Secretary Alejandro N. Mayorkas announced that the government
will no longer defend the 2019 public charge rule as doing so is neither in the public interest nor an efficient use of limited government resources.
“The 2019 public charge rule was not in keeping with our nation’s values. It penalized those who access health benefits and other government services available to them,” said Secretary of Homeland Security Alejandro N.
Mayorkas. “Consistent with the President’s vision, we will continue to
implement reforms that improve our legal immigration system.”
President Biden’s Executive Order on Restoring Faith in Our Legal
Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans called for an immediate review of agency actions on public
charge inadmissibility and deportability. DHS’s review, in consultation
with the Departments of Justice and State and the federal benefits-granting agencies, is ongoing.
As discussed in DHS’s litigation statement, and consistent with the
government’s decision not to defend the rule, the Department of Justice is no longer pursuing appellate review of judicial decisions invalidating or
enjoining enforcement of the 2019 public charge rule. Today, the Department of Justice dismissed its pending appeals in the Supreme Court and Seventh
Circuit, and is in the process of doing so in the Fourth Circuit.
******Following the Seventh Circuit dismissal this afternoon, the final
judgment from the Northern District of Illinois, which vacated the 2019
public charge rule, went into effect. As a result, 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. ******
http://t.ly/42pf
(Reuters) - On Mar 09, 2021, At the urging of President Joe Biden's
administration, the U.S. Supreme Court on Tuesday dismissed a dispute over
the legality of one of former President Donald Trump's hardline immigration rules that barred immigrants deemed likely to require government benefits
from obtaining legal permanent residency.
Biden, who has criticized Trump's immigration approach, is widely expected
to dump the policy known as the "public charge" rule. A coalition of
immigrant rights groups that along with New York, Connecticut and Vermont
had challenged the rule said Tuesday's action clears the way for the policy, which they denounced as an illegal "wealth test," to no longer be enforced.
额。。。又反转。。。心疼uscis雇员三秒钟
很多当时交485实收不让交这表的现在都被卡则不给卡呢 真是邪恶 翻过来覆过去 不知耽误了多少人
额，今儿早上才把693+944rrfe寄走，而且我还是file485时候交了944的，被他们搞乌
龙又发rfe让我重新交一次，呵呵
没有比这更美国的了……
【 在 johnyork (JohnYork) 的大作中提到: 】
: 额，今儿早上才把693+944rrfe寄走，而且我还是file485时候交了944的，被他们搞乌
: 龙又发rfe让我重新交一次，呵呵
这意思是已经交了的944就不用再审理了？
亏我打印了上百页
跟审政治犯一样啥都要 他们自己也不觉得羞耻 我看也就华人能百依百顺的连底裤也上交给政府
【 在 shengna (每天爱flyingdan多一些) 的大作中提到: 】
: 这意思是已经交了的944就不用再审理了？
: 亏我打印了上百页
审政治犯也不要彩礼证明吧？
更像丈母娘审女婿
【 在 ler7 (Gala) 的大作中提到: 】
: 跟审政治犯一样啥都要 他们自己也不觉得羞耻 我看也就华人能百依百顺的连底裤也上
: 交给政府
这样审核速度会不会大大加快？
应该不会有啥显著变化 至少对申请人的civil rights回归一些了
【 在 SSSSSSS (7S) 的大作中提到: 】
: 这样审核速度会不会大大加快？
AILA Welcomes End to Trump Administration’s Public Charge “Wealth Test”
AILA Doc. No. 21031034 | Dated March 10, 2021
WASHINGTON, DC — On Tuesday, March 9, 2021, the Biden administration ended the attempt started in 2019 by then-President Trump to bar immigrants by way of a “wealth test” known as the public charge rule. The news was met with relief and welcome by those seeking lawful permanent residence, their
sponsors, and immigrant and civil rights groups, including the American
Immigration Lawyers Association (AILA.) AILA had joined litigation against
the USCIS’ Policy Manual and form changes implementing the public charge
rule which **************contained a complex and contradictory set of rules and invasive information disclosures designed to prevent immigrants from
becoming lawful permanent residents. *****************The law firm of Morgan Lewis & Bockius LLP (“Morgan Lewis”) served as pro bono co-counsel on
that lawsuit.
Jesse Bless, Director of Federal Litigation for AILA stated, “In my private life as an attorney I have seen, first-hand, the anxiety and severe fear
that the public charge rule has caused to many families. In my role at AILA, I have also witnessed the confusion it instilled in brilliant attorneys
struggling to advise their clients regarding the public charge rule and its implications. I am grateful for everyone who collectively fought to see the battle against this unjust rule through to victory.”
Eleanor Pelta, past AILA president and partner at Morgan Lewis, stated, “
Sadly, the public charge regulation caused immigrants of all statuses to
forego health care and vital economic support out of fear of jeopardizing
their ability to apply for lawful permanent status. Mothers and fathers
shied away from assistance that their families were eligible for because of this rule, adding additional stress and concern during a pandemic and
economic downturn. It is an immense relief that the Biden administration has seen the harm done and stopped fighting this irrational battle.”
Cite as AILA Doc. No. 21031034.