Public Charge Rule Final Rule (Good news for filers on or after July 29)

[E_pluribus_unum 73]

Hey Guys,

So I was reading this: https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/injunction-of-the-inadmissibility-on-public-charge-grounds-final-rule

Quote

 

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. In addition, USCIS will adjudicate any application or petition for extension of nonimmigrant stay or change of nonimmigrant status on or after July 29, 2020, consistent with regulations in place before the Public Charge Rule was implemented; in other words, we will not apply the public benefit condition.

 

For applications and petitions that USCIS adjudicates on or after July 29, 2020, pursuant to the SDNY injunction, USCIS will not consider any information provided by an applicant or petitioner that relates to the Public Charge Rule, including information provided on the Form I-944, or information on the receipt of public benefits in Part 5 on Form I-539, Part 3 on Form I-539A or Part 6 on Form I-129. 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.

 

 

So basically anyone who files on or after July 29, 2020, will still have to file an I-944 but USCIS will anything related to the public charge rule: https://www.uscis.gov/news/public-charge-fact-sheet so essentially ignoring the I-944 I guess. 

 

Maybe others can give their opinion. So basically August filers will not be subject to the same scrutiny as prior filers. Also, this is only in effect as long as the SDNY decision is in effect so I would get your applications in quick as this can always change. 

 

So for anyone filing the I-1485 on or after July 29, 2020, you do not have to file the I-944 

[Rearviewmirror 397]

Well that was $1,500 of legal feels well spent...

[laylalex 7,289]

Fantastic! I had started pulling our stuff together for the I-944 for when we file later this year, and it was a complete headache in terms of financials. 

 

I know this sucks for everyone who fell in the window where it was necessary though.  

[E_pluribus_unum 73]

4 minutes ago, Rearviewmirror said:

Well that was $1,500 of legal feels well spent...

Yes. Honestly, this was the biggest headache in getting the documents out and the most costly but oh well now.

So basically if a decision has yet to be made on your application and you filed an I-944 or answered public charge questions, you no longer have to worry as USCIS will not take that into consideration. I guess this means I don't have to stress about the I-944 part of my application at least. 

[mbssss 108]

1 hour ago, E_pluribus_unum said:

Hey Guys,

So I was reading this: https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/injunction-of-the-inadmissibility-on-public-charge-grounds-final-rule

 

So basically anyone who files on or after July 29, 2020, will still have to file an I-944 but USCIS will anything related to the public charge rule: https://www.uscis.gov/news/public-charge-fact-sheet so essentially ignoring the I-944 I guess. 

 

Maybe others can give their opinion. So basically August filers will not be subject to the same scrutiny as prior filers. Also, this is only in effect as long as the SDNY decision is in effect so I would get your applications in quick as this can always change. 

 

So for anyone filing the I-1485 on or after July 29, 2020, you do not have to file the I-944 

Do we know how long this will last? I will be filing in about two weeks.

Edited July 31, 2020 by mbssss

[Paul F 8]

What does it mean if I had already filed with the I-944, will that just be skipped?  The worrying part of my application was all the evidence required for the I-944, so it'd be great if I didn't have to worry about that.

[E_pluribus_unum 73]

28 minutes ago, mbssss said:

Do we know how long this will last? I will be filing in about two weeks.

We do not have an end date so we will just have to wait and see. 

 

 

9 minutes ago, Paul F said:

What does it mean if I had already filed with the I-944, will that just be skipped?  The worrying part of my application was all the evidence required for the I-944, so it'd be great if I didn't have to worry about that.

It means that the I-944 and Public Charge Questions will not be considered in making a final decision. 

[PackersGn 2]

1 hour ago, E_pluribus_unum said:

We do not have an end date so we will just have to wait and see. 

 

 

It means that the I-944 and Public Charge Questions will not be considered in making a final decision. 

 

4 hours ago, E_pluribus_unum said:

Hey Guys,

So I was reading this: https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/injunction-of-the-inadmissibility-on-public-charge-grounds-final-rule

 

So basically anyone who files on or after July 29, 2020, will still have to file an I-944 but USCIS will anything related to the public charge rule: https://www.uscis.gov/news/public-charge-fact-sheet so essentially ignoring the I-944 I guess. 

 

Maybe others can give their opinion. So basically August filers will not be subject to the same scrutiny as prior filers. Also, this is only in effect as long as the SDNY decision is in effect so I would get your applications in quick as this can always change. 

 

So for anyone filing the I-1485 on or after July 29, 2020, you do not have to file the I-944 

What does it mean if I didn’t include the i944 back in February and got a rfe last month? 

[E_pluribus_unum 73]

8 minutes ago, PackersGn said:

 

What does it mean if I didn’t include the i944 back in February and got a rfe last month? 

I am not an Attorney or a representative of USCIS so I cannot answer this. Your best bet will be to call USCIS and have them confirm. 

[Ela G. 389]

Well we filed I-944 last month and still worried about an RFE regarding the evidence... guess that’s a good thing I don’t have to worry about that for now

[Paul Hanaki 72]

I wouldn’t ignore the paperwork. This is just temporary. So use the time to get any needed documents 

[mbssss 108]

45 minutes ago, Paul Hanaki said:

I wouldn’t ignore the paperwork. This is just temporary. So use the time to get any needed documents 

This is what I was wondering. Like when it goes back to normal, will we have to send them the I-944 anyway or will they just not consider it at all for those applications? Who knows. 

[E_pluribus_unum 73]

I disagree. 

When the Public charge came into effect, any applications send prior to February 24, 2020, did not have to send the I-944 and any applications sent on or after did. So basically, someone sending the I-485 on February 23, 2020, did not have to send the I-944 and did not have to send it later as the rules did not apply at the time they sent it. However, if you sent the I-485 on February 25, 2020, then the rules would apply and you would have to send it. 

This is the same concept. Basically, anyone who sends their applications on or after July 29, 2020, and up until this is overturned, would not need to send the I-944. Even if it is overturned, I do not think USCIS would later send them an RFIE or RFE as these applications were mailed during a period when the I-944 was no longer required. This ruling would only affect us that had already sent our applications prior to July 29, 2020. If this is overturned and a decision has not been made on our applications, it would mean that USCIS would again consider our already submitted I-944. 
 

So, anyone who does not want to have to go through the trouble of submitting the I-944 should do so while this is in effect. 

[juancarlos 126]

Are you serious? This is so annoying!!! I am glad that they said that I-944 is no longer needed but it took me way more time to prepare my package because of this damn form, plus the money and time spent in getting and certifying the diplomas, degrees, certified translations, etc etc.

 

I am sure we are a lot of people here that feel that way.

 

 

[Paul Hanaki 72]

The notice though just says while in effect so I think it’s not assured that they won’t require after