DS-5540 Public Charge Gone?

[BMWFIRE 3]

Since the Public Charge rule is no longer in effect, does this mean we no longer need to bring the DS-5540 to our visa interview?

[SalishSea 17,834]

3 hours ago, BMWFIRE said:

Since the Public Charge rule is no longer in effect, does this mean we no longer need to bring the DS-5540 to our visa interview?

The public charge inadmissibility is still in place.   It was the I-944 form that was eliminated.

[BMWFIRE 3]

1 hour ago, Jorgedig said:

The public charge inadmissibility is still in place.   It was the I-944 form that was eliminated.

I know public charge inadmissibility is in place, but I thought it went back to the old rule? The DS-5540 was with the new rule.

As per this link 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

Also, please check out this https://travel.state.gov/content/travel/en/News/visas-news/update-on-public-charge.html

 

So it's gone, we don't have to bring it? Right? 

 

[HRQX 4,145]

6 hours ago, BMWFIRE said:

does this mean we no longer need to bring the DS-5540 to our visa interview?

That form is not currently needed because the DOS 2019 interim final rule is not currently in place: https://storage.courtlistener.com/recap/gov.uscourts.nysd.528697/gov.uscourts.nysd.528697.116.0.pdf "This Court entered a preliminary injunction in July 2020 barring enforcement of all three challenged actions. Mem. Decision and Order 52, ECF No. 88."

1 hour ago, BMWFIRE said:

As per this link 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

That was a different rule that affected Adjustment of Status, etc. type of cases. That DHS rule did not affect Immigrant Visas.

Edited May 26, 2021 by HRQX

[BMWFIRE 3]

6 minutes ago, HRQX said:

That form is not currently needed because the DOS 2019 interim final rule is not currently in place: https://storage.courtlistener.com/recap/gov.uscourts.nysd.528697/gov.uscourts.nysd.528697.116.0.pdf "This Court entered a preliminary injunction in July 2020 barring enforcement of all three challenged actions. Mem. Decision and Order 52, ECF No. 88."

That was a different rule that affected Adjustment of Status, etc. type of cases. That DHS rule did not affect Immigrant Visas.

Ohhhh okay, thank you!! I had no idea it was two different rules. 

 

Just needed to make sure we didn't need to bring the DS-5540 so we didn't show up missing something. We won't be bringing it then.