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USCIS publishes revised forms consistent with final rule on public charge ground of inadmissibility

  1. Original Date Announced

    August 14, 2019

    On August 14, 2019, USCIS published several revised forms consistent with the final rule on the public charge ground of inadmissibility, several of which contain public charge-related language and/or questions requiring the petitioner or applicant/beneficiary to report whether the applicant/beneficiary has received public benefits. In particular, the following forms have been revised:

    • Form I-129, Petition for a Nonimmigrant Worker
    • Form I-129CW, Petition for a CNMI-Only Nonimmigrant Worker
    • Form I-485, Application to Register Permanent Residence or Adjust Status
    • Form I-485 Supplement A, Supplement A to Form I-485, Adjustment of Status Under Section 245(i)
    • Form I-485J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j)
    • Form I-539, Application to Extend/Change Nonimmigrant Status
    • Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status
    • Form I-601, Application for Waiver of Grounds of Inadmissibility
    • Form I-864, Affidavit of Support Under Section 213A of the INA
    • Form I-864A, Contract Between Sponsor and Household Member
    • Form I-864EZ, Affidavit of Support Under Section 213A of the INA
    • Form I-912, Request for Fee Waiver

    In addition, USCIS has created new forms, Form I-944, Declaration of Self-Sufficiency, Form I-945, Public Charge Bond, and Form I-356, Request for Cancellation of Public Charge Bond.

    [ID #1086]

    Form I-129 (10/15/19 edition) Form I-539A (10/15/19 edition) Form I-129CW (10/15/19 edition) Form I-601 (10/15/19 edition) Form I-912 (10/15/19 edition) Form I-485 Supp J (10/15/19 edition) Form I-485 (10/15/19 edition) Form I-864 (10/15/19 edition) Form I-864A (10/15/19 edition) Form I-864EZ (10/15/19 edition) Form I-539 (10/15/19 edition) Form I-485 Supp A (10/15/19 edition)

  2. Effective Date

    October 15, 2019

  3. Subsequent Trump and Court Action(s)

    • January 30, 2020

      USCIS announces public charge rule implementation

      Following the Supreme Court stay, on January 30, 2020, USCIS announces it will implement the public charge rule beginning February 24, 2020. The rule and the new forms will be implemented everywhere except Illinois, where the rule remains enjoined.

      View Document
    • February 5, 2020

      Public Charge Inadmissibility Final Rule: Revised Forms and Updated Policy Manual Guidance

      USCIS announces that it has published revised forms consistent with the final rule on the public charge ground of inadmissibility, which USCIS will implement on Feb. 24, 2020. Beginning Feb. 24, 2020, applicants and petitioners must use the 10/15/19 edition of various USCIS forms (except in Illinois, where the rule remains enjoined by a federal court):

      View Document
    • February 24, 2020

      DHS Implements Inadmissibility on Public Charge Grounds Final Rule

      On February 24, 2020, DHS implements the Inadmissibility on Public Charge Grounds Final Rule nationwide including the revised forms.

      View Document
    • March 9, 2021

      2021.04.26 AILA - Public Charge Issue

      Several U.S. District Courts initially enjoined the public charge rule. Subsequent decisions by two Circuit Courts upheld the initial injunctions (Second and Seventh); one vacated the initial injunction (Fourth); and one Circuit partially enjoined the rule but has the effective date of the order until the U.S. Supreme Court determined whether to grant certiorari in two separate cases (Ninth). The Supreme Court dismissed appeals from the Second, Seventh, and Ninth Circuits on March 9, 2021 based on the parties' joint stipulation to dismiss.

      The cases are:

      • Second Circuit: Injunction upheld 8/4/20 but scope limited to NY, CT. VT. Stayed by SCOTUS 1/27/20. COVID-related injunction stayed by 2nd Cir. 9/11/20. New York v. DHS (S.D.N.Y. 1:19-cv-0777; 2nd Cir. 19-3591). SCOTUS granted cert. on 2/22/21.
        • On March 9, 2021, the parties submitted a joint-stipulation to dismiss the case to SCOTUS.
      • Fourth Circuit: Nationwide injunction vacated 8/5/20. CASA de Maryland v. Trump (D. Maryland 8:19-cv-02715; 4th Cir. 19-2222).
      • Seventh Circuit: Illinois injunction upheld 6/10/20. Rehearing denied 8/12/20. Cook County & ICIRR v. Wolf (N.D. Ill. 1:19-cv-06334; 7th Cir. 19-3169). Stayed by SCOTUS 2/21/20.
        • On March 9, 2021, the parties submitted a joint-stipulation to dismiss the case to SCOTUS.
        • Texas and other states filed a motion to intervene, but on April 26, 2021, SCOTUS denied their application.
      • Ninth Circuit: Nationwide injunction stayed 12/5/19; decision issued 12/2/20, partially reinstating two lower court injunctions, but vacating portion of the Eastern District of Washington's injunction that applied nationwide. The rule was enjoined in plaintiff jurisdictions - 18 states and the District of Columbia (though the mandate had not yet issued). State of California v. DHS (9th Cir. 19-17213). The appeal comes from district court orders in the consolidated cases City and County of San Francisco; County of Santa Clara v. USCIS (N.D. Cal. 19-cv-04717) and State of California v. DHS (N.D. Cal. 19-cv-04975), and the separate case State of Washington v. DHS (E.D. Wash. 19-cv-05210).
        • In mid-March, 11 states sought to intervene in the Ninth Circuit litigation to defend the public charge rule after the Biden administration "effectively abandoned" it. On April 8, 2021, a split panel denied their motion to intervene, functionally ending the litigation.
        • Separately, in La Clinica De La Raza et al. v. Trump et al. (N.D. Cal. 4:19-cv-04980), on 11/25/20, the district court granted the plaintiffs' motion to reconsider HSA/FVRA claims, after previously granting the government's motion to dismiss such claims on 8/7/20.
        • On January 22, 2020, the Ninth Circuit granted DHS’s request to delay the effective date of the December decision until the U.S. Supreme Court determines whether it will grant writs of certiorari in Wolf v. Cook County, No. 20-450, and DHS v. New York, No. 20-449, two separate public charge cases. The U.S. Supreme Court dismissed the appeals in both these cases, as well as the above mentioned Ninth Circuit cases, on March 9, 2021 based on the parties' joint stipulation to dismiss.

      **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

      View Document
    • June 27, 2022

      2022.06.27 Cook County v. Texas (7th Cir. 2022)

      DHS announced in March 2021 that it would no longer defend the 2019 public charge rule in the case Cook County v. Wolf (N.D. Ill. Nov. 2, 2020). The Plaintiff-Appellees who had initially brought the action also voluntarily dismissed their equal-protection claims with prejudice. On March 15, 2021, DHS promulgated a final rule that effectively removed the 2019 Rule from the Code of Federal Regulations.

      On May 12, 2021, thirteen states moved to intervene in the existing action before the district court, hoping to defend the 2019 rule. The district court denied both the motions to intervene and the requested substantive relief, finding each motion untimely.

      On June 27, 2022, the Seventh Circuit affirmed the district court's orders, stating that if the States wished to challenge the repeal of the 2019 Rule under the APA, they could do so in fresh legal proceedings.

      **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

      View Document
  4.  

  5. Biden Administration Action: Under Study

    August 23, 2021

    2021.08.23 Public Charge Ground of Inadmissibility

    This Biden administration policy considers questions related to the Trump-era policy identified in this entry.

    On August 23, 2021, USCIS issued an advance notice of proposed rulemaking and notice of virtual public listening sessions to seek public feedback on the public charge ground of inadmissibility to inform a future regulatory proposal.

    View Document

  6. Biden Administration Action: Proposed Revocation/Replacement/Modification

    February 24, 2022

    2022.02.24 NPRM DHS Public Charge Inadmissibility Ground

    On February 24, 2022, the Biden administration issued a Notice of Proposed Rulemaking on the public charge ground of inadmissibility. The proposed rule would reinstate the agency interpretation (issued in guidance) that governed public charge analysis before the Trump-era rule identified in this entry. Under this proposed rule, a noncitizen would be considered likely to become a public charge if they are likely to become primarily dependent on the government for subsistence, as demonstrated by public cash assistance for income maintenance or long-term institutionalization at government expense. The rule was published in the Federal Register on February 24, 2022.

    View Document

  7. Biden Administration Action: Revoked/Replaced

    September 8, 2022

    2022.09.08 Final Public Charge Rule

    On September 8, 2022, the Biden administration issued a final rule on the public charge ground of inadmissibility, which formalizes guidance that governed the public charge analysis prior to the Trump administration rule identified in this entry. Under the Biden administration's rule, a noncitizen is considered likely to become a public charge if they receive public cash assistance for the maintenance of their income or experience long-term institutionalization at the government's expense. The final rule notes that DHS will not consider use of non-cash benefits such as Medicaid, SNAP, and COVID-19 stimulus payments when determining whether a noncitizen is likely to become a public charge.

    The rule was published in the Federal Register on September 9, 2022, with an effective date of December 23, 2022.

    View Document

  8. Biden Administration Action: Other

    July 20, 2023

    USCIS - Incorporating Guidance on Applicability of the Public Charge Ground of Inadmissibility

    On July 20, 2023, USCIS updated the USCIS Policy Manual to help applicants for adjustment of status more easily identify whether the public charge ground of inadmissibility applies to a specific adjustment of status category. This update does not change the Biden Administration's USCIS policy. Rather it simply incorporates information from the related appendices in Policy Manual Volume 8 Part G into the guidance under Chapter 3 (Applicability). This manual change helps clarify implementation of the public charge ground of inadmissibility final rule, published in the Federal Register on September 9, 2022.

    View Document

Current Status

Not in effect

Most Recent Action

July 20, 2023 Action: Other USCIS - Incorporating Guidance on Applicability of the Public Charge Ground of Inadmissibility
August 23, 2021
Acted on by Biden Administration
February 24, 2022
Acted on by Biden Administration
September 8, 2022
Acted on by Biden Administration
July 20, 2023
Acted on by Biden Administration

Original Trump Policy Status

Status: Final/Actual In Litigation
Trump Administration Action: Forms and Information Collection
Subject Matter: Immigrant Visas Non-Immigrant Visas
Agencies Affected: USCIS

Documents

Trump-Era Policy Documents
Biden Administration Policy Documents

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