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USCIS releases new forms, Form I-945 and I-356, to formalize the public charge bond process

  1. Date Announced

    Aug. 14, 2019

    On August 14, 2019, as part of the USCIS Final Rule on Inadmissibility on Public Charge Grounds, USCIS published new forms, Form I-945, Public Charge Bond, and Form I-356, Request for Cancellation of Public Charge Bond, in order to "formalize" the public charge bond process set forth at INA section 213. Form I-945 may only be utilized by applicants if USCIS has notified the applicant that they may submit a public charge bond. Form I-365 is used to request cancellation of the public charge bond that was submitted on Form I-945 on behalf of an applicant. [ID #1085]

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  2. Effective Date of Change

    Oct. 15, 2019
  3. Subsequent Action

    August 12, 2019

    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
  4. 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 Forms I-945 and I-356.

    Courts Block Public Charge Rule
  5. 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 Forms I-945 and I-356. The rule will be implemented everywhere except for in Illinois, where the rule remains enjoined.

    USCIS announces public charge rule implementation
  6. 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 Forms I-945 and I-356 may now be implemented.

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

    July 29, 2020

    In State of New York v. DHS, SDNY District Court enjoins implementation of the public charge rule nationwide, including Forms I-945 and I-356, during the COVID-19 pandemic.

    District Court preliminarily enjoins DHS public charge rule
  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 implement Forms I-945 and I-356 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

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