DOS New Form DS 5540 - Public Charge Questionnaire

[SrilankanstoUS 11]

Hello guys. Small question. How does this DS 5540 form work? Does this apply for pending i 130 petitions with the USCIS as well? We didn’t get the NOA 2 yet but what happens when we get the approval? I heard the public charge rule applies only for the petitions/applicants file on or after 24th February 2020 but I’m not sure about this since we will again have to file the ds 260 after the approval. Does the beneficiary have to go through this as well apart from the DS 260? 

[Crazy Cat 41,836]

10 minutes ago, L&U said:

Hello guys. Small question. How does this DS 5540 form work? Does this apply for pending i 130 petitions with the USCIS as well? We didn’t get the NOA 2 yet but what happens when we get the approval? I heard the public charge rule applies only for the petitions/applicants file on or after 24th February 2020 but I’m not sure about this since we will again have to file the ds 260 after the approval. Does the beneficiary have to go through this as well apart from the DS 260? 

The DS-5540 is a State Department form....not a USCIS form....  A person has applied for a visa when he/she submits the DS-260.  Everything before that point is USCIS related.  From what I see on the DS-5540 draft, it applies to the beneficiary.

Edited February 22, 2020 by missileman

[SrilankanstoUS 11]

2 minutes ago, missileman said:

The DS-5540 is a State Department form....not a USCIS form....  A person has applied for a visa when he/she submits the DS-260.  From what I see on the DS-5540 draft, it applies to the beneficiary.

I know that, my question is, since this is a new form and we have already applied for i 130 and as they say the new rule will only apply for applications/petitions filed on or after 24th feb if we will have to go through this new form at the consular processing? 

[Crazy Cat 41,836]

3 minutes ago, L&U said:

I know that, my question is, since this is a new form and we have already applied for i 130 and as they say the new rule will only apply for applications/petitions filed on or after 24th feb if we will have to go through this new form at the consular processing? 

I don't think anyone knows that information yet.   I suspect that anyone completing a DS-260 on or after Feb 24th will be subject to the new form......of course, I am guessing.....

Edited February 22, 2020 by missileman

[SrilankanstoUS 11]

2 minutes ago, missileman said:

I don't think anyone knows that information yet.   I suspect that anyone completing a DS-260 on or after Feb 24th will be subject to the new form......of course, I am guessing.....

Oh 😞 But thanks man 

[Crazy Cat 41,836]

1 minute ago, L&U said:

Oh 😞 But thanks man 

Or it could be required for anyone attending an interview after the start date......I guess we will know more next week.

[geowrian 22,337]

5 hours ago, missileman said:

I heard the public charge rule applies only for the petitions/applicants file on or after 24th February 2020

That's for the DHS rule. The specifics of who will need to complete the DS-5540, a DOS form, have not yet been released AFAIK.

[Crazy Cat 41,836]

7 minutes ago, geowrian said:

That's for the DHS rule. The specifics of who will need to complete the DS-5540, a DOS form, have not yet been released AFAIK.

Oh...OK......These rules and start dates are confusing me....😁....and I'm not even affected by them........

[geowrian 22,337]

12 minutes ago, missileman said:

Oh...OK......These rules and start dates are confusing me....😁....and I'm not even affected by them........

Well it's all a big unknown as of right now. The OMB approved the DS-5540 (with an expedite to do so) so it could start being used as of the 24th. Bu the DOS has not yet updated to say they will start using it on the 24th, nor what the "cutoff" is for whom it will apply.

[kris&me 572]

they were accepting public comments up until December 23 2019 and no one knows yet what decision has been made by OMB 

for more information they give this contact (202) 485-7586 or email at PRA_BurdenComments@state.gov.

 

you can read the federal register about the proposal on 

https://www.federalregister.gov/documents/2019/10/24/2019-23219/60-day-notice-of-proposed-information-collection-public-charge-questionnaire

[geowrian 22,337]

26 minutes ago, kris&me said:

they were accepting public comments up until December 23 2019 and no one knows yet what decision has been made by OMB 

for more information they give this contact (202) 485-7586 or email at PRA_BurdenComments@state.gov.

 

you can read the federal register about the proposal on 

https://www.federalregister.gov/documents/2019/10/24/2019-23219/60-day-notice-of-proposed-information-collection-public-charge-questionnaire

OMB approved it for use starting the 24th (DOS has not said when they will use it yet): https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202002-1405-002

Note: The website is under maintenance right now. Give it a little bit

[Duke & Marie 1,389]

It’s my understanding that USCIS will now apply the Final Rule for Public Charge to all applications and petitions postmarked (or submitted electronically) on or after Feb. 24, 2020. For applications and petitions that are sent by commercial courier (e.g., UPS) the postmark date is the date reflected on the courier receipt, which includes the new requirements for the DS4450 form

[geowrian 22,337]

3 minutes ago, Duke & Marie said:

It’s my understanding that USCIS will now apply the Final Rule for Public Charge to all applications and petitions postmarked (or submitted electronically) on or after Feb. 24, 2020. For applications and petitions that are sent by commercial courier (e.g., UPS) the postmark date is the date reflected on the courier receipt, which includes the new requirements for the DS4450 form

Can you provide the source for the bolded section? I found the rest of the text via a search that directed me to the USCIS notice (https://www.uscis.gov/news/news-releases/dhs-implement-inadmissibility-public-charge-grounds-final-rule-nationwide?utm_source=rss-feed&utm_campaign=Article%2C News Release). But that part about the DS-4450 is not there.

The DS-4450 is a DOS form and not directly linked to the USCIS rule.

[Duke & Marie 1,389]

18 minutes ago, geowrian said:

Can you provide the source for the bolded section? I found the rest of the text via a search that directed me to the USCIS notice (https://www.uscis.gov/news/news-releases/dhs-implement-inadmissibility-public-charge-grounds-final-rule-nationwide?utm_source=rss-feed&utm_campaign=Article%2C News Release). But that part about the DS-4450 is not there.

The DS-4450 is a DOS form and not directly linked to the USCIS rule.

Looks like they DOS approved DS4450 for use on 20/2/20 to be implemented from 24/2/20.. they also updated their policy manual on the 21st

 

https://www.aila.org/Authentication/Error/NotLoggedIn

 

https://fam.state.gov/FAM/09FAM/09FAM030208.html

 

https://www.aila.org/advo-media/agency-liaison/submit-feedback-notices-requests-for-comment/84-fr-54996-10-11-19

 

 

 

[Duke & Marie 1,389]

12 minutes ago, Duke & Marie said:

Looks like they DOS approved DS4450 for use on 20/2/20 to be implemented from 24/2/20.. they also updated their policy manual on the 21st

 

https://www.aila.org/Authentication/Error/NotLoggedIn

 

https://fam.state.gov/FAM/09FAM/09FAM030208.html

 

https://www.aila.org/advo-media/agency-liaison/submit-feedback-notices-requests-for-comment/84-fr-54996-10-11-19

 

 

 

In saying this however, the original 60 day notice of intent to use was given in oct 2019 and DOS website hasn’t yet been updated to reflect any of the above (see link below).. also there looks to be another hearing on March 17 in ref to its implementation and a prior injunction but details are sparse and not very clear.

 

https://travel.state.gov/content/travel/en/traveladvisories/ea/Information-on-Public-Charge.html#ExternalPopup