Public Charge regulations become effective February 24, 2020

/, Court Decision/Public Charge regulations become effective February 24, 2020

Based on a U.S. Supreme Court decision on Monday, January 27th, 2020 lifting a nation-wide injunction, USCIS announced that it will now be implementing a new “public charge” rule, except in Illinois, where the rule remains enjoined by a federal court as of Jan. 30, 2020. Essentially, USCIS will be asking additional questions to determine if a foreign national is able to support themselves and their families financially in the United States without requiring any public benefits. This impacts both immigrants and nonimmigrants.

USCIS will be changing many of its forms to include new questions regarding public charge concerns. USCIS has not yet released the new forms, so it remains unknown currently what specific information the forms will request. We also do not know precisely which applications/petitions will be impacted. However, we do know that we will be required to use the new forms for all applications/petitions filed on or after February 24, 2020. We expect the change to be widespread. This will likely impact all H-1B Petitions being filed in the H-1B Lottery.

There are certain groups of people who are either exempt from public charge, or may get a waiver for public charge when applying for a Green Card or other benefits with USCIS. These include:

  1. Refugees
  2. Asylum applicants
  3. Refugees and asylees applying for adjustment to permanent resident status
  4. Amerasian Immigrants (for their initial admission)
  5. Individuals granted relief under the Cuban Adjustment Act (CAA)
  6. Individuals granted relief under the Nicaraguan and Central American Relief Act (NACARA)
  7. Individuals granted relief under the Haitian Refugee Immigration Fairness Act (HRIFA)
  8. Individuals applying for a T Visa
  9. Individuals applying for a U Visa
  10. Individuals who possess a T visa and are trying to become a permanent resident
  11. Individuals who possess a U visa and are trying to become a permanent resident
  12. Applicants for Temporary Protected Status (TPS)
  13. Certain applicants under the LIFE Act Provisions

USCIS announced they would be releasing copies of the new forms the week of February 3, 2020. SPS Immigration is monitoring this release carefully and will provide updates as we know more.

By | 2020-02-03T20:07:09+00:00 January 30th, 2020|Categories: Administrative Action, Court Decision|Comments Off on Public Charge regulations become effective February 24, 2020

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