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Court Vacates Public Charge Final Rule, USCIS Ends Information Collection and Use

Effective March 9, USCIS suspended use of the “Inadmissibility on Public Charge Grounds” rule instituted by the Trump administration.  Petitioners and applicants who have not yet filed should not fill out or provide information related to Form I-944; Part 6 of Form I-129 or I-129CW; Part 5 of Form I-539; or Part 3 of Form I-539A.  New cases, and all pending cases, will be adjudicated under the previous rules, contained in the 1999 Interim Field Guidance, and the government will not consider any information that may have been submitted related solely to the vacated rule.  

Parties who have received Requests for Further Evidence (RFEs) or Notices of Intent to Deny (NOIDs) requesting information related only to the vacated rule (for example regarding Form I-944) need not provide that information.  However, applicants and petitioners must still respond to all other aspects of an RFE or NOID.

The USCIS announcement may be found here:

The reinstituted 1999 Interim Field Guidance may be found here:

If you have questions about how this change may affect your case, feel free to call us 847 763 8500 or contact us through our web site,

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