US Supreme Court Lifts Illinois Injunction; USCIS Allowed to Implement Public Charge Final Rule in All 50 States
February 28, 2020
On February 22, 2020, the U.S. Supreme Court lifted the injunction that blocked the US Citizenship and Immigration Services (“USCIS”) from implementing the Public Charge Final Rule in the State of Illinois. Illinois was only State that had an injunction in place when the U.S. Supreme Court lifted the nationwide preliminary injunction on January 27, 2020. This ruling allowed the USCIS to implement and enforce the Public Charge Final Rule, which was originally scheduled to take effect on October 15, 2019.
Based on the U.S. Supreme Court’s most recent ruling, the USCIS began implementing the Public Charge Final Rule in all 50 States on February 24, 2020. This new rule requires most family-based and employment-based green card applicants to prove that they are not likely to become a “public charge” in the future, i.e. a person who is likely to receive any number of public benefits such as food stamps, public housing, or cash benefits to supplement income, for more than an aggregate of 12 months over any 36-month period of time. The Final Rule also applies to nonimmigrants seeking a change of status or extension of stay in the United States.