Public Charge Rule Restored by Seventh Circuit Court of Appeals Until Further Notice
Earlier today, we reported on a federal court order in the Northern District of Illinois that vacated the so-called Public Charge Rule as of Monday, November 2, 2020. We have learned within the last few hours that the Department of Homeland Security (DHS), as expected, has appealed the district court’s decision, and that the U.S. Court of Appeals for the Seventh Circuit has stayed the Illinois district court's judgment until further order by the court. This means that the USCIS can continue to implement the Public Charge Rule nationwide, for the time being. What This Means for Our Clients Green card applicants, and applicants for other immigration benefits, are once again required to submit required evidence such as credit reports, tax returns, evidence of education, and English proficiency, to prove self-sufficiency required under the Public Charge Rule, until further notice. For the high volume of I-485 applications already filed in October, the USCIS may issue requests for evidence (RFEs) for any perceived deficiencies. The court’s stay may be lifted after plaintiffs file a response to the stay order, which is due to the court by November 17, 2020. We will provide more information as it becomes available.