2 Injunctions on Public Charge issued on July 29 impact on IR1 Consulates Interview and Visa Approval

[TaKane 53]

2 hours ago, Ela S. said:

Definitely not on the right topic I think... But what does it mean for all of us who have already sent the I-944 form for our AOS? Is it going to affect us in any way?

If you have already sent in your I-944 (I.e. before July 29, 2020), the new ruling does not apply and there should be no impact on you at all. 

 

“As long as the July 29, 2020, SDNY injunction 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.”

 

https://www.uscis.gov/i-944

 

 

[SalishSea 17,837]

10 hours ago, Lucky Cat said:

Concur.  

Same here, judging by the number of posts from people who seem to think that there was no 'public charge' applied previously, and that going forward, their visas will be issued without regard to finances.

[HRQX 4,145]

8 minutes ago, Jorgedig said:

judging by the number of posts from people who seem to think that there was no 'public charge' applied previously

Show those people the archived link to the FAM before the Jan. 2018 revisions: https://web.archive.org/web/20180102013525/https://fam.state.gov/FAM/09FAM/09FAM030208.html

[SrilankanstoUS 11]

3 hours ago, Ela S. said:

Definitely not on the right topic I think... But what does it mean for all of us who have already sent the I-944 form for our AOS? Is it going to affect us in any way?

USCIS will not consider the attached  i 944 when reviewing your case. 

[TVC 244]

Do I still need to buy my wife insurance before the interview (next week probably) or can I wait until she gets here?

[HRQX 4,145]

11 minutes ago, TVC said:

or can I wait until she gets here?

You can look into it now and sign up with a future start date after her planned US arrival.

[OrihimeandIchigo 216]

11 hours ago, Ela S. said:

Definitely not on the right topic I think... But what does it mean for all of us who have already sent the I-944 form for our AOS? Is it going to affect us in any way?

We're talking mostly about the Department of State Public charge form DS-5540 thats similar to the USCIS I-944. You might find more conversations about the USCIS public charge ruling on I-944 in this thread instead 😊

 

[Robyn-n-Kris 72]

14 hours ago, HRQX said:

This thread's title is incorrect. The injunction from Make the Road New York v. Cuccinelli case does not affect DOS: https://ccrjustice.org/sites/default/files/attach/2020/07/Dkt 221.Judge's Order granting COVID-19 PI and denying most of MTD.7 29 2020 cuccinelli.pdf

DOS is only affected by the injunction from Make the Road New York v. Pompeo case: https://www.nilc.org/wp-content/uploads/2020/07/MTRNY-v-Pompeo-PI-Order-2020-07-29.pdf

Assuming the injunction from Make the Road New York v. Cuccinelli case is still in effect when they adjudicate the I-485, then they won't consider the I-944.

Interesting update. We are doing DCF, but I know a few who have had interviews recently and none were asked for the DS 5540 form (this is in London's embassy). I wonder if this is why. 

[OrihimeandIchigo 216]

On 8/2/2020 at 2:20 AM, HRQX said:

Show those people the archived link to the FAM before the Jan. 2018 revisions: https://web.archive.org/web/20180102013525/https://fam.state.gov/FAM/09FAM/09FAM030208.html

Honestly though if you look at what programs they defined as Benefits Not Considered Public charge in before 2018 verse what they consider public programs that are subjected to public charge NOW they are vastly different. 

[TaKane 53]

Anyone hears update about DOS updating the FAM manual regarding public charge as a result of the injunctions? 

 

[HRQX 4,145]

24 minutes ago, TaKane said:

Anyone hears update about DOS updating the FAM manual regarding public charge as a result of the injunctions?

Not yet. That section is currently blank: https://fam.state.gov/FAM/09FAM/09FAM030208.html

[TaKane 53]

3 minutes ago, HRQX said:

Not yet. That section is currently blank: https://fam.state.gov/FAM/09FAM/09FAM030208.html

@HRQX thanks. Wonder if the Embassy or Consulates are still issuing IV or still on hold....🙄

[vj-nv-55 22]

18 hours ago, TaKane said:

@HRQX thanks. Wonder if the Embassy or Consulates are still issuing IV or still on hold....🙄

Hi. According to one Facebook group, there was a CR1/IR1 visa approval on August 3 at the Embassy in Manila. 

I myself (beneficiary) have an interview appointment in Tokyo on August 6. I have not received any notice of cancellation so far.

[TaKane 53]

1 hour ago, vj-nv-55 said:

Hi. According to one Facebook group, there was a CR1/IR1 visa approval on August 3 at the Embassy in Manila. 

I myself (beneficiary) have an interview appointment in Tokyo on August 6. I have not received any notice of cancellation so far.

Hi @vj-nv-55 that’s good news. 
please do us posted about your Interview on Aug 6th in Tokyo. We are scheduled for next week Aug 14th in Tokyo.

By the way, did the embassy email you ahead of time about what docs/info to bring with you for the interview?

[vj-nv-55 22]

10 minutes ago, TaKane said:

Hi @vj-nv-55 that’s good news. 
please do us posted about your Interview on Aug 6th in Tokyo. We are scheduled for next week Aug 14th in Tokyo.

By the way, did the embassy email you ahead of time about what docs/info to bring with you for the interview?

I just found another CR1/IR1 approved in Manila...I hope and pray that will be the case at Tokyo Embassy too.  Yes, I will post about my interview.  

I was originally scheduled on Aug 24th, but our expedite request was accepted and moved to Aug 6th.  

Yes, I received an email from the Embassy on July 31:  Here is the list of documents I am requested to bring. Since my petitioner is not a salaried worker, no W2 has been asked for. As you can see in the list below, DS5440 is not included either. 

1. Original Marriage certificate
2. Original Family register with English translation
3. Police Certificates
4. Medical Examination Documents from a Panel physician (* mine is to be electronically sent directly from the clinic to the Embassy)
5. Valid passpor
6. Two photos
7. Letter pack plus.

 

FYI, there is an informative blog/support group for the Japanese applicants (in the Japanese language) you might find helpful: https://daysintheusa.com/forums/forum/cr1ir1/  There are several first-hand reports on what happened on July 31 --- the consequence of the injunctions.