Public Charge Rule Injunction Upheld by Federal Court, USCIS Guidance Pending

On Wednesday, December 2nd, the Ninth Circuit Court of Appeals upheld a state-specific preliminary injunction in yet another update on a long series of court challenges targeting the Department of Homeland Security (DHS) Public Charge Rule. At present, this injunction only applies to certain states, as the Ninth Circuit vacated a nationwide injunction in the same decision. The U.S. Citizenship & Immigration Services (USCIS) has not yet provided formal guidance on updates to its implementation, which means that until further notice, green card applicants should continue 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.

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