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

  1. Original Date Announced

    August 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]

    Form I-356 Form Instructions Form I-356 Form I-945 instructions Form I-945
  2. Effective Date

    October 15, 2019
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  4. Biden Administration Action: Revoked/Replaced

    March 9, 2021

    Before the U.S. Supreme Court: Joint Stipulation to Dismiss

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

    On March 9, 2021, DOJ filed with plaintiffs a joint stipulation to dismiss the case before the U.S. Supreme Court, effectively ending the rule.

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  5. Biden Administration Action: Revoked/Replaced

    March 10, 2021

    USCIS Website: Public Charge

    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.

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  6. 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 broad public feedback on the public charge ground of inadmissibility that will inform the development of a future regulatory proposal.

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  7. Biden Administration Action: Proposed Revocation/Replacement

    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.

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Current Status

Not in effect
March 9, 2021
Acted on by Biden Administration
March 10, 2021
Acted on by Biden Administration
August 23, 2021
Acted on by Biden Administration
February 24, 2022
Acted on by Biden Administration

Original Trump Policy Status

Trump Administration Action: Forms and Information Collection
Agencies Affected: USCIS

Associated or Derivative Policies

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