Public Charge
On March 9, 2021, an Illinois district court order enjoining the implementation and enforcement of the 2019 DHS public charge rule went into effect nationwide. The government dropped its appeal of that order and the appellate court lifted the stay. The government has withdrawn other appeals pending in the Ninth and Second circuits and in the Supreme Court. On March 15 it formally removed the 2019 public charge rule from the Code of Federal Regulations. The agency is now applying the 1999 interim field guidance interpreting the public charge ground of inadmissibility.
The Form I-944, Declaration of Self-Sufficiency, has been taken down from the USCIS website and is no longer being required with new adjustment of status applications, nor is it being applied to pending ones. The USCIS is no longer applying the “public benefits condition” to Form I-539, Application to Extend/Change Nonimmigrant Status.
The comparable Department of State public charge rule has been enjoined by a district court in New York since July 29, 2020, and the Form DS-5540, Public Charge Questionnaire, has not been in use since that date. It is presumed that the government will soon withdraw its appeal of that case as well.
Practitioner Resources
Resources, Webinars, and Trainings on Public Charge
Choose a category below or search by title. For a full list of all Public Charge resources, visit our resource library.
