USCIS, on January 30, 2020, announced the implementation of the public charge rule following the Supreme Court stay on nationwide injunctions. According to USCIS, the new rule will be implemented on February 24, 2020, nationwide except for the State of Illinois, where the rule remains enjoined by a federal court as of January 31, 2020.
As per USCIS, the rule also addresses USCIS authority to issue public charge bonds in the context of applications for adjustment of status. Also, the aliens seeking an extension of stay or change of status demonstrate that they have not received public benefits over the designated threshold since obtaining the nonimmigrant status they seek to extend or change.
Except for the State of Illinois, the public charge rule will be applied to applications and petitions postmarked (or submitted electronically) on or after February 24, 2020. For applications and petitions sent by commercial courier, the postmark date is the date reflected on the courier receipt.
DHS (Department of Homeland Security) will not consider an alien’s application for certification or approval to receive, or receipt of certain non-cash public benefits before February 24, 2020. Also, DHS will not consider the receipt of public benefits received by the applicant’s for extension of stay and change of status before February 24, 2020, when determining whether the public benefits condition applies.
USCIS is planning to release updated forms, submission instructions, and policy manual guidelines on the USCIS website during the week of February 3, 2020.
Please refer to our previous articles on Public Charge Rule, wherein; we have discussed the Public Charge Rule in detail. We will regularly update the blog as soon as any new information is available on the Public Charge Rule.
Previous Articles on the Public Charge Rule:
- http://www.ahluwalialaw.com/public-charge-rule-update-january-28-2020/ (Date of Publication: January 28, 2020)
- http://www.ahluwalialaw.com/public-charge-rule-update-october-14-2019/ (Date of Publication: October 14, 2019)
- http://www.ahluwalialaw.com/public-charge-rule-update/ (Date of Publication: October 09, 2019)
- http://www.ahluwalialaw.com/uscis-publishes-final-rule-on-inadmissibility-on-public-charge-ground/(Date of Publication: September 13, 2019)
- http://www.ahluwalialaw.com/deportable-offenses/(Date of Publication: August 02, 2017)
This Article aims to provide new information concerning the Public Charge Rule. This Article, under no circumstances, acts as legal advice; therefore, for any further case-specific question, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).