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Public Charge Rule Update

AILA has Sued USCIS Over the Delay in Publishing the Updated Version of the Forms

  • AILA, on October 7, 2019, has filed a Civil Complaint for Declaratory and Injunctive Relief under the Administrative Procedure Act 5 U.S.C. § 701, et. seq. against the Acting Director of the USCIS and USCIS in the United States District Court For The District of Columbia. The Civil Complaint alleges that USCIS has failed to allow the non-citizens and employers to file applications and petitions for immigration benefits through its refusal to accept certain current and unexpired Forms on or after October 15, 2019, and at the same time failing to publish the updated version of the Forms.

     

    The Civil Complaint requires the Court to grant the following reliefs:

    • Declare the current editions of the specified Forms valid for use for a period of not less than 60 days from the date the Revised Forms are issued or January 1, 2020, whichever is later.
    • Delay the effective date of the Public Charge Rule until at least 60 days after the publication of all the revised and new Forms associated with the rule; Order the USCIS to hold a series of public engagements.
    • Enjoin the USCIS from rejecting filings prepared on the current editions of the Forms in issue here.

    *This case is currently pending in the United States District Court For The District of Columbia.

     

    The Forms in issue here are as follows:

    • I-485 (Application to Register Permanent Residence or Adjust Status) this form is mostly used for Lawful Permanent Resident Status.
    • I-129(Petition for Nonimmigrant Worker) this form is mostly used on behalf of the Nonimmigrant Workers.
    • I-539(Application to Extend/Change Nonimmigrant Status) this used is mostly used for extending the stay or changing to another Nonimmigrant status.
    • I-864I-864EZ (Affidavit of Support Under Section 213A of the I.N.A. and the Act) these Forms are used mostly used by the family-based Immigrants and some employment-based Immigrants to show adequate means of financial support.

     

    As per the information published by the USCIS on its website, the USCIS will accept the current edition of the above-discussed Forms if they are postmarked on or before October 14, 2019 and will not accept the older versions of the form if they are postmarked on or after October 15, 2019.

     

    Though it is advised that New Editions of the Forms (I-485, I-129, I-539, I-864 and I-864EZ) along with a new Form I-944 be used, these Forms are not published yet on the USCIS website. We will update this blog as soon as any New Information is available on the Public Charge Rule.

    Previous Articles on the Public Charge Rule:

    1. http://www.ahluwalialaw.com/uscis-publishes-final-rule-on-inadmissibility-on-public-charge-ground/ (Date of Publication: September 13, 2019)
    2. http://www.ahluwalialaw.com/deportable-offenses/ (Date of Publication: August 02, 2017)

     

    Disclaimer

    This Article aims to provide you New Information concerning the Public Charge Rule. This Article under no circumstances acts as a piece of legal advice; therefore, for any further case-specific question, please contact your appointed attorney or the Ahluwalia Law Offices, P.C. for case-specific legal advice.

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