“Public Charge Rule” Enjoined Nationwide During COVID-19 National Emergency

On July 29, the U.S. District Court for the Southern District of New York (SDNY) enjoined the Department of Homeland Security and the Department of State from enforcing, applying, implementing, or treating as effective the Public Charge Rule.

USCIS has issued a statement informing that “Applicants and petitioners whose applications or petitions are postmarked on or after July 29, 2020, should not include the Form I-944 or provide information about the receipt of public benefits on Form I-485, Form I-129, or Form I-539/I-539A.”

“As long as the July 29, 2020, SDNY decision is in effect, USCIS will apply the 1999 public charge guidance that was in place before the Public Charge Rule was implemented on Feb. 24, 2020 to the adjudication of any application for adjustment of status on or after July 29, 2020,” the statement adds.

The injunction is a temporary stay and applies as long as there is a declared national emergency in response to the COVID-19 outbreak.

This article is for informational purposes only. It is not meant to and cannot substitute the advice of and representation from a competent immigration attorney.