Court Vacates Public Charge Final Rule, USCIS Ends Information Collection and Use
Posted on Thursday, March 11, 2021
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:
https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge
The reinstituted 1999 Interim Field Guidance may be found here: https://www.federalregister.gov/documents/1999/05/26/99-13202/field-guidance-on-deportability-and-inadmissibility-on-public-charge-grounds
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, http://www.immig-chicago.com/contact-us/
Recent Immigration Blog Posts
-
New Public Charge Guidance: What Green Card Applicants and Sponsors Should Know Posted on Monday, September 7, 2026
Read moreBeginning September 18, 2026, USCIS will apply new guidance when determining whether certain applicants are likely to become a “public charge.” The guidance gives immigration officers broader discretion to examine an applicant’s financial circumstances, use of certain public benefits, health, employment prospects, and ability to support themselves in the United States.
-
Travel Advisories: Heavy Immigration Enforcement Posted on Tuesday, August 25, 2026
Read more
Stepped up immigration enforcement means that all noncitizens are at greater risk of detention and deportation, especially when they travel. Therefore, it is important to know your risk factors, your rights, and your best methods for avoiding trouble.
-
Adjusting Status in the U.S. Under New Government Policy Posted on Thursday, May 28, 2026
Read more
Recent media coverage regarding the adjustment of status process has caused significant confusion, fear, and misinformation. Some reports have incorrectly suggested that it is no longer possible to obtain a green card through adjustment of status in the United States and that all applicants must now return to their home country for consular processing. That is simply not true.