Public Charge Rule Dead?

[Tellurous 19]

Update: https://www.dhs.gov/news/2021/03/09/dhs-secretary-statement-2019-public-charge-rule#:~:text=Today%2C DHS Secretary Alejandro N,keeping with our nation's values

 

Key takeaway: Today, the Department of Justice dismissed its pending appeals in the Supreme Court and Seventh Circuit, and is in the process of doing so in the Fourth Circuit. Following the Seventh Circuit dismissal this afternoon, the final judgment from the Northern District of Illinois, which vacated the 2019 public charge rule, went into effect. As a result, the 1999 interim field guidance on the public charge inadmissibility provision (i.e., the policy that was in place before the 2019 public charge rule) is now in effect. 

 

If this means what I think it means, the I-944 is as good as dead?

[HRQX 4,145]

10 minutes ago, Tellurous said:

If this means what I think it means, the I-944 is as good as dead?

Yes. The 2019 rule no longer applies.

[powerpuff 6,604]

5 hours ago, HRQX said:

Yes. The 2019 rule no longer applies.

Good riddance. Form I-944 looks like an 18 page nightmare to fill out. 

[pooj97 89]

10 hours ago, Duke & Marie said:

I didn’t find it overwhelming or difficult... it’s really just putting in your education, financial status and employment history.. what’s so hard about that?

 

justification would be that it’s part of the legal migration process, not part of the craziness that’s currently going on at the boarder

It’s definitely overwhelming. We haven’t yet filed for AOS but based on FB groups of people who did, they have had to provide years’ of high school and college transcripts, credit reports, evidence of assets and liabilities and not to mention official translations of all of these if you’re not from an English-speaking country. It’s a dreaded form no matter who I talk to who’s filing for AOS

[RPete 73]

52 minutes ago, pooj97 said:

It’s definitely overwhelming. We haven’t yet filed for AOS but based on FB groups of people who did, they have had to provide years’ of high school and college transcripts, credit reports, evidence of assets and liabilities and not to mention official translations of all of these if you’re not from an English-speaking country. It’s a dreaded form no matter who I talk to who’s filing for AOS

Agreed, it took us over a month to compile everything, and I’m from Canada. I can’t imagine people who have to translate every document from their home country. It’s definitely a good thing they cancelled it. This may be a hot take, but I honestly feel it bordered on being a human rights issue.

[Thrillhouse 193]

Was the I-944 "difficult" for me? No, but then again, I'm very good with forms and the type of person who still has certified high school transcripts on hand 22 years after graduation. 

 

Was it absurd and pointless? You betcha. My submission for AOS was also delayed getting proof of a credit report that didn't exist. Highlighting English credits on school transcripts and paperwork that's already in English ... to prove I can speak English? Concerned that USCIS wouldn't understand that the language on my advanced degree is in Latin, and having to track down the translation so they wouldn't reject it?  Fun times. 

 

I understand what they were trying to accomplish with this form, but they went about it in one of the worst possible ways. I was extremely organized, and it was still a massive pain. I can't imagine how complicated and difficult it must have been for those who hadn't looked into the requirements beforehand.

Edited March 10, 2021 by Thrillhouse

[Boiler 45,313]

I helped friend fill in the form, did not find it difficult and told him I fully expected it to be defunct by the time of the interview.

 

I thought it was silly, badly put together and illogical.

[thebob 4]

So beautiful...

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

(Yes, I-944 is dead)

[Tellurous 19]

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

 

Key Takeaway: On or after March 9, 2021, applicants and petitioners should not provide information required solely by the Public Charge Final Rule. That means that applicants for adjustment of status should not provide the Form I-944, Declaration of Self-Sufficiency, or any evidence or documentation required on that form with their Form I-485.

 

If you received a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) requesting information that is solely required by the Public Charge Final Rule, including but not limited to Form I-944, and your response is due on or after March 9, 2021, you do not need to provide the information solely required by the Public Charge Final Rule

 

We will issue additional guidance regarding the use of affected forms. Until then, USCIS will not reject any Form I-485 based on the inclusion or exclusion of Form I-944. We also will not reject Form I-129, Form I-129CW, Form I-539, or Form I-539A based on whether the public benefits questions (Form I-129 (Part 6), Form I-129CW (Part 6), Form I-539 (Part 5), and Form I-539A (Part 3)) have been completed or left blank.

 

The I-944 is officially dead.

Edited March 11, 2021 by Tellurous

[klam133 4]

I just closed up my AOS application and getting ready to get it sent. Should i take the I-944 form out? or just let it be and the USCIS officer will just ignore the application?

[ghee 0]

1 hour ago, klam133 said:

I just closed up my AOS application and getting ready to get it sent. Should i take the I-944 form out? or just let it be and the USCIS officer will just ignore the application?

I would take it out.

[JeanBill 3]

One of the documents that you will submit with the I-130 is a guarantee that you will support the person (s) on the petition. You are also prohibited from availing any public money. This has always been part of the package. We got hung up at the Manila embassy because I didn't do a separate form for my step daughter. 

[VisaDonnie 54]

On March 9th, the Biden administration halted the new U.S. Department of Homeland Security public charge rule, a Trump-era policy that made it much harder to obtain a green card based on a host of new factors, such as income, age, education, and employment history.

 

What this means

 

U.S. Citizenship and Immigration Services (USCIS) no longer requires Form I-944 (officially called the “Declaration of Self-Sufficiency”) or its supporting documents as part of the green card application. Therefore you do not need to include Form I-944 and related documents — such as education, health insurance, and asset documents — in your application packet. 

 

The public charge rule isn’t going away completely — the latest version of the rule, which first took effect on Feb. 24, 2020, will simply be replaced by the previous, longstanding policy issued in 1999.

[blchaddy 15]

On 3/9/2021 at 2:53 PM, Jody and Misho said:

I am hearing that the Public Charge Rule is now 'dead' again.

 

https://www.nbcnews.com/politics/supreme-court/biden-administration-ditches-trump-plan-limit-immigration-financially-dependent-n1260239

Not sure if this helps answer—i944 is discontinued:

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

[powerpuff 6,604]

8 hours ago, JeanBill said:

One of the documents that you will submit with the I-130 is a guarantee that you will support the person (s) on the petition. You are also prohibited from availing any public money. This has always been part of the package. We got hung up at the Manila embassy because I didn't do a separate form for my step daughter. 

That is form I-864 (or form I-134 for embassies), Affidavit of Support, that you must include with I-130. What now is dead and no longer needed is form I-944, Declaration of Self sufficiency. Completely separate forms.

Edited March 15, 2021 by powerpuff