USCIS No Longer Enforcing Trump Administration’s Public Charge Rule on Inadmissibility

On Wednesday, March 10th, the Department of Homeland Security (DHS) announced that the U.S. Citizenship and Immigration Services (USCIS) will no longer apply the Trump Administration’s 2019 public charge rule. This rule relied upon the public charge ground of inadmissibility, which has been part of U.S. immigration law since the 1800s, to require green card applicants to submit extensive financial information such federal income tax returns, credit reports, proof of assets and liabilities, and proof of English proficiency. This DHS action comes as a result of President Biden’s Executive Order signed last month calling for the immediate review of restrictive Trump-era immigration policies.

What This Means for Our Clients

This change in USCIS policy is welcome news for foreign workers who are being sponsored for permanent residency status. As of yesterday, applicants for adjustment of status are no longer required to submit the Form I-944 with their applications. The USCIS will provide formal guidance on the affected forms shortly. In the interim, the Service will not reject any filings that exclude the public charge information on Form I-944. For individuals who previously filed adjustment of status applications that included Form I-944, the USCIS will not consider any information that relates solely to the public charge final rule or information provided on the Form I-944. Individuals who have already received Requests for Evidence (RFEs) requesting information and/or documentation related to the Form I-944 with a response deadline date on or after March 9, 2021 will not need to provide the requested information.

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