DS5540 is it currently required?

[MrCosgrove 6]

Hi,

 

I am trying to prepare for visa interview. The DS5540 form is one that i am confused about.

 

Is it currently required ? when i go to the travel.state.gov website it tells me the DS5540 is currently unavailable. So I cannot download it to fill it out.

 

Is this because it's not currently required? 

 

here is the link i went to:

 

https://eforms.state.gov/Forms/ds5540.pdf

[Chancy 6,243]

On 10/30/2020 at 8:20 AM, MrCosgrove said:

Is this because it's not currently required?

 

Yes, DS-5540 is currently not required --

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

 

[ErinB 17]

On 10/31/2020 at 11:37 AM, Chancy said:

 

Yes, DS-5540 is currently not required --

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

 

But as of Sep 11 this year, DHS can now resume implementation of that rule. 

What I'm confused about is the date that comes into effect, and what stage of the immigrant process you need to have been at that time for it to affect you:

The effective date has been changed to Feb 24 2020, and it says that if you've submitted an application on or after that date, the new Public Charge ruling affects you. 

But, does that mean for spousal visas, that if we submitted our I130 on or before Feb 24, we're affected?

OR does it mean that if our immigrant application hasn't been approved by Feb 24 - ie we're still at NVC stage/still haven't had our interview/still in AP - we're still considered an "applicant", and therefore the Public Charge ruling applies to us?

Edited November 1, 2020 by ErinB

[Chancy 6,243]

31 minutes ago, ErinB said:

But as of Sep 11 this year, DHS can now resume implementation of that rule. 

 

Please note that DS-5540 is from the Department of State (DOS), not DHS.  Different agencies, separate injunctions.  The injunction against the DOS implementation, including the DS-5540 requirement, is still in effect.  So DS-5540 is currently not required.

 

The Sep 11 court decision applies to the DHS implementation, including the requirement for I-944.  This form is required by USCIS from those adjusting status in the US, not from those applying for a visa outside the US.

 

Edited November 1, 2020 by Chancy

[ErinB 17]

Just now, Chancy said:

 

Please note that DS-5540 is from the Department of State (DOS), not DHS.  Different agencies, separate injunctions.  The injunction against the DOS implementation, including the DS-5540 requirement, is still in effect.  So DS-5540 is currently not required.

 

The Sep 11 court decision applies to the DHS implementation, including the requirement for I-944.  This form is required by USCIS from those adjusting status in the US, not from those applying for a visa from outside the US.

 

oh my gosh, thank you so much! This has been confusing the absolute heck out of me