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New Form I-944, Declaration of Self-Sufficiency, required for adjustment of status applications

  1. Date Announced

    Aug. 14, 2019

    On August 14, 2019, USCIS announced new Form I-944, Declaration of Self Sufficiency as part of the USCIS Final Rule on Inadmissibility on Public Charge Grounds. Under the USCIS Final Rule, applicants for adjustment of status who are subject to the public charge ground on inadmissibility must file Form I-944 with their Application to Register Permanent Residence or Adjust Status (Form I-485) to demonstrate that they are not likely to become a public charge under INA section 212(a)(4). [ID #965]

    See Biden administration action below.

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

    Oct. 15, 2019
  3. Subsequent Action

    October 11, 2019

    Judges from the U.S. District Courts for the Southern District of New York, Northern District of California, Eastern District of Washington, Northern District of Illinois, and District of Maryland enjoin the final USCIS public charge rule from implementation, including Form I-944.

    Courts Block Public Charge Rule
  4. 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, including Form I-944. The rule will be implemented everywhere except for in Illinois, where the rule remains enjoined.

    USCIS announces public charge rule implementation
  5. Subsequent Action

    February 24, 2020

    On February 24, 2020 USCIS implements the Inadmissibility on Public Charge Grounds Final Rule nationwide, including in Illinois, which means that applicants for adjustment of status who are subject to the public charge ground on inadmissibility must file Form I-944 with their Application to Register Permanent Residence or Adjust Status (Form I-485) to demonstrate that they are not likely to become a public charge under INA section 212(a)(4).

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

    July 29, 2020

    In State of New York v. DHS, SDNY District Court enjoins implementation of the public charge rule nationwide, including Form I-944, during the COVID-19 pandemic.

    District Court preliminarily enjoins DHS public charge rule
  7. Subsequent Action

    August 12, 2020

    On August 12, 2020, the Second Circuit Court of Appeals limited the lower court's nationwide injunction on the DHS public charge rule; the rule is now barred only in Vermont, Connecticut, and New York. While this limited injunction is in effect, DHS may implement its public charge rule in all other U.S. states and the District of Columbia.

    Second Circuit limits public charge injunction to CT, NY and VT
  8. Subsequent Action

    September 11, 2020

    On Sept. 11, 2020, the U.S. Court of Appeals for the Second Circuit, in State of New York, et al. v. DHS, et al. and Make the Road NY et al. v. Cuccinelli, granted a full stay of the July 29, 2020, injunction pending the government’s appeal. This full stay allows DHS to resume implementing the public charge final rule nationwide, including in New York, Connecticut and Vermont. This means that USCIS is now free to require the Form I-944 in all jurisdictions. **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

    Stay of Injunction in State of New York v. DHS
  9. Subsequent Action

    September 22, 2020

    On September 22, 2020, USCIS issued guidance on how it will implement the DHS Public Charge Rule given the Second Circuit stay. Notably, USCIS will apply the public charge rule to all petitions and applications postmarked on or after February 24, 2020. USCIS will not readjudicate any applications and petitions that were approved following the issuance of the July 29, 2020, injunction continuing until the date of this notice (September 22, 2020). USCIS will once again require applicants for adjustment of status to submit Form I-944 (if applicable) but will permit a brief grace period. Specifically, if USCIS receives a Form I-485 on or before Oct. 13, 2020, that does not have all required forms. including Form I-944 (if applicable) and supporting evidence, USCIS will request any missing forms and evidence. After Oct. 13, 2020, USCIS will reject Form I-485 if the applicant does not include the required forms, including Form I-944, and evidence with Form I-485 at the time of filing.

    09/22/20 guidance from USCIS
  10. Biden Administration Action

    March 9, 2021

    This Biden Administration policy in effect revokes in its entirety the Trump-era policy identified in this entry.

    On March 9, 2021, DOJ filed with with plaintiffs a joint stipulation to dismiss the case before the U.S. Supreme Court, effectively ending the public charge rule, and in turn, the use of Form I-944.

    Before the U.S. Supreme Court: Joint Stipulation to Dismiss
  11. Biden Administration Action

    March 10, 2021

    This Biden Administration policy revokes in its entirety the Trump-era policy identified in this entry.

    On March 10, 2021, OMB approved discontinuing the use of Form I-944.

    Form I-944 discontinued
  12. Biden Administration Action

    March 10, 2021

    This Biden Administration policy revokes in its entirety the Trump-era policy identified in this entry.

    On March 10, 2021, USCIS posted on its website a return to the pre-Trump era public charge policy and instructed applicants for adjustment of status that they should not submit Form I-944, Declaration of Self-Sufficiency, or any evidence or documentation required by Form I-944 when they file their Form I-485.

    USCIS Website: Public Charge
  13. Biden Administration Action

    April 12, 2021

    This Biden Administration policy revokes in its entirety the Trump-era policy identified in this entry.

    On April 12, 2021, Tracy L. Renaud, Senior Official Performing the Duties of the Director of USCIS sent a letter to interagency partners stating that the 2019 public charge rule is no longer in effect and asking for support in communicating this change to the public.

    USCIS letter to interagency partners

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