Public Charge is Dead/Enjoined!

[OliverBa 61]

So with public charge being dead 💀 now, these are the documents/evidence you DON’T have to provide anymore:

- Education/Degree evaluation translation
- Credit report/no record of credit report
- Bank statements
- English proficiency proof
- Health Insurance coverage
- I-944

 

These are the documents you WILL need for AOS, EAD, AP, & Affidavit of support:

- I-94
- Birth certificate(translated if not on English)
- Marriage Certificate
- Copy of K1 Visa
- Copy of Passport Bio Page and K1 Entry Stamp
- I-129F NOA2 (approval notice)
- Financial Documents for Affidavit of Support (employed: W-2/Tax Return and Tax Transcript for 2019 or 2020. Self-employed: Schedule C and Tax Transcript for either 2019 or 2020)

Public charge burn 🔥 baby 🔥 burn 🔥 

 

DHS Statement

[Crazy Cat 42,032]

@HRQX can clarify this.  He is an expert....

I know this makes a lot of people happy.

Edited March 10, 2021 by Lucky Cat

[Crazy Cat 42,032]

..

Edited March 9, 2021 by Lucky Cat

[HRQX 4,145]

40 minutes ago, OliverBa said:

So with public charge being dead 💀 now

*Soon to be dead. Still technically in force right now. The SCOTUS level actions today will have to filter down to the circuit courts of appeals and then to the district courts (like N.D. Illinois, W.D. WA, etc). There will likely be a gap in time before a formal decision is issued.

1 minute ago, Lucky Cat said:

"Once the previously entered judicial invalidation of the 2019 Rule becomes final, the 1999 interim field guidance on the public charge inadmissibility provision (i.e., the policy that was in place before the 2019 Rule) will apply.  Under the 1999 interim field guidance, DHS will not consider a person’s receipt of Medicaid (except for Medicaid for long-term institutionalization), public housing, or Supplemental Nutrition Assistance Program (SNAP) benefits as part of the public charge inadmissibility determination.  In addition, medical treatment or preventive services for COVID-19, including vaccines, will not be considered for public charge purposes.

@Lucky Cat, you are correct. Also: "DHS and USCIS will provide additional updates regarding the administration of the public charge ground of inadmissibility, including announcing when DHS will cease applying the 2019 Rule." I.e. not yet but soon.

[OliverBa 61]

It’s dead. 

Edited March 10, 2021 by OliverBa

[HRQX 4,145]

Official: https://www.dhs.gov/news/2021/03/09/dhs-secretary-statement-2019-public-charge-rule

5 hours ago, HRQX said:

The SCOTUS level actions today will have to filter down to the circuit courts of appeals and then to the district courts (like N.D. Illinois, W.D. WA, etc).

@Lucky Cat, the "filtering down" happened faster than I expected. The 7th Circuit issued a Mandate a few hours ago. See Page 2: https://www.dropbox.com/s/yux56xpp9vvf8ji/20-3150_Documents.pdf?dl=0

Edited March 10, 2021 by HRQX

[ashley_ann 179]

7 hours ago, HRQX said:

Official: https://www.dhs.gov/news/2021/03/09/dhs-secretary-statement-2019-public-charge-rule

@Lucky Cat, the "filtering down" happened faster than I expected. The 7th Circuit issued a Mandate a few hours ago. See Page 2: https://www.dropbox.com/s/yux56xpp9vvf8ji/20-3150_Documents.pdf?dl=0

So I guess it’s safe to say USCIS will have this on their website soon? I’m just prepping my AOS application 🤣

[bebifa 10]

Awesome news!!! burn burn baby. I-944 you won't be missed. 

[Bigtuna 34]

Not sure about the burn thing. I just got a notification on my I485 saying an RFE was sent, and I think it's gonna be I944 because I already got a RFIE for Birth Certificate so we will see.

Edited March 10, 2021 by Bigtuna

[HRQX 4,145]

10 hours ago, ashley_ann said:

So I guess it’s safe to say USCIS will have this on their website soon?

It now says Not Found: https://www.uscis.gov/i-944

[green_rabbit 69]

1 minute ago, HRQX said:

It now says Not Found: https://www.uscis.gov/i-944

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

[HRQX 4,145]

1 hour ago, Bigtuna said:

Not sure about the burn thing. I just got a notification on my I485 saying an RFE was sent, and I think it's gonna be I944 because I already got a RFIE for Birth Certificate so we will see.

Only disregard the part asking about I-944 or 2019 public charge rule: "If you received a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) requesting information that is solely required under 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 that information. However, you do need to respond to the aspects of the RFE or NOID that otherwise pertain to the eligibility for the immigration benefit sought. If USCIS requires additional information or evidence to make a public charge inadmissibility determination under the statute and consistent with the 1999 Interim Field Guidance, we will issue another RFE or NOID."

[Bigtuna 34]

7 minutes ago, HRQX said:

Only disregard the part asking about I-944 or 2019 public charge rule: "If you received a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) requesting information that is solely required under 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 that information. However, you do need to respond to the aspects of the RFE or NOID that otherwise pertain to the eligibility for the immigration benefit sought. If USCIS requires additional information or evidence to make a public charge inadmissibility determination under the statute and consistent with the 1999 Interim Field Guidance, we will issue another RFE or NOID."

Oh wow! I didn't know they updated the information on USCIS. I was all morning looking on the I-944 form page but nothing has changed yet. Thank you for this info.