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

  1. Date Announced

    Aug. 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 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]

    View Policy Document View Policy Document View Policy Document View Policy Document View Policy Document View Policy Document View Policy Document View Policy Document View Policy Document View Policy Document View Policy Document View Policy Document
  2. Effective Date of Change

    Oct. 15, 2019
  3. Subsequent Action

    January 30, 2020

    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 for in Illinois, where the rule remains enjoined.

    USCIS announces public charge rule implementation
  4. Subsequent Action

    February 5, 2020

    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):

    Public Charge Inadmissibility Final Rule: Revised Forms and Updated Policy Manual Guidance
  5. Subsequent Action

    February 24, 2020

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

    DHS Implements Inadmissibility on Public Charge Grounds Final Rule
  6. Subsequent Action

    November 3, 2020

    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 once Circuit has yet to rule (Ninth). The injunctions have all now been stayed either by SCOTUS or by the Circuit where the appeal is pending. 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). 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. Ninth Circuit: Nationwide injunction stayed 12/5/20; decision on appeal pending. Washington v. DHS (E.D. Wash. 4:19-cv-05210; 9th Cir. 19-35914). Ninth Circuit: CA/OR/DC/ME/PA injunction stayed 12/5/19; decision on appeal pending. California v. DHS (N.D. Cal. 4:19-cv-04975; 9th Cir. 19-17214).

    On November 2, 2020, the federal District Court of the Northern District of Illinois vacated the DHS public charge regulation on APA grounds and allowed continued litigation on the plaintiffs' equal protection claim. The court order prevented USCIS from enforcing the public charge rule nationwide. However, on November 3, 2020, the Seventh Circuit issued an administrative stay of the lower court order pending appeal. Cook County & ICIRR v. Wolf (N.D. Ill. 1:19-cv-06334).

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

    Cook County v. Wolf - Memorandum and Opinion (N.D. Ill. Nov. 2, 2020)

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