DS-5540

[Ann&James 179]

My friend  got Documentarily  Qualified  from NVC, and was wondering  if she need to fill out  the DS 5540. They didn't' ask at NVC for the form, does she need to take it to the interview . 

[HRQX 4,145]

8 minutes ago, Ann&James said:

They didn't' ask at NVC for the form, does she need to take it to the interview . 

"Applicants are not required to complete nor should they present the DS-5540, Public Charge Questionnaire." https://travel.state.gov/content/travel/en/News/visas-news/update-on-public-charge.html

 

The injunction from Make the Road New York v. Pompeo case enjoins DOS from implementing DS-5540.

[JeanneAdil 6,505]

8 minutes ago, HRQX said:

"Applicants are not required to complete nor should they present the DS-5540, Public Charge Questionnaire." https://travel.state.gov/content/travel/en/News/visas-news/update-on-public-charge.html

 

The injunction from Make the Road New York v. Pompeo case enjoins DOS from implementing DS-5540.

that was dated July 29th 

this new one from USCIS site dated September 11, 2020

 

https://travel.state.gov/content/travel/en/News/visas-news/update-on-public-charge.html

 

Alert: On Sept. 11, 2020, the U.S. Court of Appeals for the Second Circuit issued a decision that allows DHS to resume implementing the Public Charge Ground of Inadmissibility final rule nationwide, including in New York, Connecticut and Vermont. The decision stays the July 29, 2020, injunction, issued during the coronavirus (COVID-19) pandemic, that prevented DHS from enforcing the public charge final rule during a national health emergency.

[HRQX 4,145]

1 minute ago, JeanneAdil said:

that was dated July 29th 

this new one from USCIS site dated September 11, 2020

 

https://travel.state.gov/content/travel/en/News/visas-news/update-on-public-charge.html

 

Alert: On Sept. 11, 2020, the U.S. Court of Appeals for the Second Circuit issued a decision that allows DHS to resume implementing the Public Charge Ground of Inadmissibility final rule nationwide, including in New York, Connecticut and Vermont. The decision stays the July 29, 2020, injunction, issued during the coronavirus (COVID-19) pandemic, that prevented DHS from enforcing the public charge final rule during a national health emergency.

The USCIS update is about I-944, not DS-5540. The injunction from Make the Road New York v. Pompeo case is still in effect.

[SteveInBostonI130 3,447]

35 minutes ago, JeanneAdil said:

that was dated July 29th 

this new one from USCIS site dated September 11, 2020

 

https://travel.state.gov/content/travel/en/News/visas-news/update-on-public-charge.html

 

Alert: On Sept. 11, 2020, the U.S. Court of Appeals for the Second Circuit issued a decision that allows DHS to resume implementing the Public Charge Ground of Inadmissibility final rule nationwide, including in New York, Connecticut and Vermont. The decision stays the July 29, 2020, injunction, issued during the coronavirus (COVID-19) pandemic, that prevented DHS from enforcing the public charge final rule during a national health emergency.

DOS and USCIS currently have 2 different approaches.

 

USCIS successfully appealed the July 29th decision and have updated their policy to resume the requirement for I-944.   

 

DOS has not updated their status after the July 29th decision and is still not requiring DS-5540.

[SNAVegas 7]

2 hours ago, SteveInBostonI130 said:

DOS and USCIS currently have 2 different approaches.

 

USCIS successfully appealed the July 29th decision and have updated their policy to resume the requirement for I-944.   

 

DOS has not updated their status after the July 29th decision and is still not requiring DS-5540.

Correct !!!! The DOS usually does follow the DHS (USCIS) Regulations  but there is usually a lag time in implementation by the DOS & the Consulates abroad. At the present time time they have not been asking for the DS-5540 at the Interview. As a matter of fact the DS 5540 Form that was previously approved expired 8-31-20. Currently the DS 5540 form does not even exist on the DOS e.form FORM FINDER here is the link:https://eforms.state.gov/

[HRQX 4,145]

31 minutes ago, SNAVegas said:

The DOS usually does follow the DHS (USCIS) Regulations  but there is usually a lag time in implementation by the DOS & the Consulates abroad.

They have separate set of regulations. DOS follows 22 CFR Subchapter E and DHS follows 8 CFR Subchapter B.

 

Also, there were 2 separate court cases that had preliminary injunctions:

• The injunction from Make the Road New York v. Cuccinelli case enjoined DHS from implementing Form I-944. The Second Circuit Court of Appeals recently overruled the lower court, and DHS can now enforce Form I-944.
• The injunction from Make the Road New York v. Pompeo case currently enjoins DOS from implementing DS-5540.

[SNAVegas 7]

24 minutes ago, HRQX said:

They have separate set of regulations. DOS follows 22 CFR Subchapter E and DHS follows 8 CFR Subchapter B.

 

Also, there were 2 separate court cases that had preliminary injunctions:

• The injunction from Make the Road New York v. Cuccinelli case enjoined DHS from implementing Form I-944. The Second Circuit Court of Appeals recently overruled the lower court, and DHS can now enforce Form I-944.
• The injunction from Make the Road New York v. Pompeo case currently enjoins DOS from implementing DS-5540.

Thank you for the detailed clarification of the Cases Involved. 

[Ann&James 179]

Thanks all.

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.