Public Charge policy blocked

[remotercharm 31]

https://www.buzzfeednews.com/article/hamedaleaziz/judge-blocks-trump-public-charge-immigration-policy

https://news.bloomberglaw.com/us-law-week/trumps-public-charge-rule-to-deny-immigrants-u-s-entry-vacated

 

Quote

 

After Feinerman’s order in the Northern District of Illinois, a US Citizenship and Immigration Services (USCIS) official emailed immigration officers across the country informing them that the “judgment is applicable nationwide and is effective immediately.”

“USCIS must immediately cease implementing the public charge final rule,” wrote Daniel Renaud, a lead USCIS official.

 

Does this mean no more i-944??? Hope so!!!

[Gdoggy1678 1]

Wow. What a back and forth mess this has been. If your interview or travel date is soon i would be weary of anything until the USCIS issues and official update on their end. As of now there guidance still states that as of September 11th the Public Charge check was reinstated for all pettions submitted/postmarked after February 24, 20202. However this public charge rule put aside i would highly recommend she picks up some type of immigration insurance as you never know when you need it or how long it may take to get her own in the US just incase anything happens. 

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Immigration News and Discussion.

[remotercharm 31]

Unfortunately, the policy remains due to an appeal: https://apnews.com/article/election-2020-virus-outbreak-chicago-immigration-elections-e014e6c64bfaa027739c0d0b7ade50fd

 

But Joe Biden is looking to get elected and has promised to get rid of it: https://apnews.com/article/joe-biden-donald-trump-virus-outbreak-climate-environment-d2fe0c4f31250877be1bf30c832ba6f9

[laylalex 7,284]

Ugh, all I want is some consistency on this! We are likely to be filing our AOS in the first half of December, and hopefully we'll know more by then. If I don't have to complete this document, I'd rather not have to. My husband has likened it to a proctologist's examination. Anything involving both proctology and the government, he says, is bound to hurt.

[remotercharm 31]

8 hours ago, laylalex said:

Ugh, all I want is some consistency on this! We are likely to be filing our AOS in the first half of December, and hopefully we'll know more by then. If I don't have to complete this document, I'd rather not have to. My husband has likened it to a proctologist's examination. Anything involving both proctology and the government, he says, is bound to hurt.

We just did ours and it was miserable.  its twice as big as the rest of our application which includes the i-130, i-864, i-485, i-765, i-131. It took us more effort than everything else combined.  It's weird because its very similar to the i-864 affidavit of support, asking a lot of the same questions, but going into a deep dive and requesting a lot of evidence. One thing I would try to do in advance that we couldnt get is the education equivalency (if he has a college degree) that you can read about in the instructions.  it could take a couple weeks to get at least and will cost around $50-100 i believe.  This form will still be here in December I think.e h

Edited November 9, 2020 by remotercharm

[ultrasoul 51]

@remotercharm Unfortunately 2 days after Feinerman’s vacating rule no Nov 2, on Nov 4 7th Circuit appeals court granted the Trump administration emergency reprieve from the block for 2 weeks which allows the Trump administration to continue implementing the public charge rules for at least 2 more weeks- https://www.law360.com/articles/1325973/7th-circ-revives-public-charge-rule-again-for-2-weeks

 

 This is consistent with the USCIS website as of November 4, "We will apply the Public Charge Final Rule to all applications and petitions postmarked or submitted electronically on or after Feb. 24, 2020, including pending applications and petitions."

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/inadmissibility-on-public-charge-grounds-final-rule-litigation

[remotercharm 31]

1 hour ago, ultrasoul said:

@remotercharm Unfortunately 2 days after Feinerman’s vacating rule no Nov 2, on Nov 4 7th Circuit appeals court granted the Trump administration emergency reprieve from the block for 2 weeks which allows the Trump administration to continue implementing the public charge rules for at least 2 more weeks- https://www.law360.com/articles/1325973/7th-circ-revives-public-charge-rule-again-for-2-weeks

 

 This is consistent with the USCIS website as of November 4, "We will apply the Public Charge Final Rule to all applications and petitions postmarked or submitted electronically on or after Feb. 24, 2020, including pending applications and petitions."

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/inadmissibility-on-public-charge-grounds-final-rule-litigation

I mentioned it above