New Forms I-485, I-539, I-129, I-864, and I-912

Starting this Monday, April 19, USCIS will only accept the 03/10/2021 edition of Forms I-864, I-864A, I-864EZ, I-864W

I-539, I-539A, I-129CW, I-129CWR, I-129, I-485, I-485A, I-485J and I-912. This update comes as a result of the March 9, 2021 decision vacating the 2019 Public Charge Final Rule.



March 9, 2021 Legal Decision


On Wednesday, March 9, 2021, the U.S Court of Appeals for the Seventh Circuit lifted its stay, and, consequently, the U.S District Court for the Northern District of Illinois’ November 2, 2020 order vacating the 2019 Public Charge Final Rule became effective nationwide; this came as a result of the Biden administration's decision to no longer defend the 2019 Public Charge Final Rule. This Trump era rule made it harder for certain immigrants to obtain a green card. As a result of this rule being vacated, USCIS immediately started applying the prior 1999 Interim Field Guidance. for public charge considerations Also, this meant that Form I-944, Declaration of Self Sufficiency, and information on certain other Forms (Form I-129 (Part 6), Form I-129CW (Part 6), Form I-539 (Part 5), and Form I-539A (Part 3)) was no longer required nor being considered. Previously, USCIS used Form I-944 to help determine if an immigrant would become a public charge in the near future. Anyone determined to likely become a public charge was denied permanent residency.


Prior Legal History


This legal decision was not the first court decision regarding this Rule. On July 29, 2020, the U.S District Court of Southern District of New York (SDNY) in State of New York v DHS and Make the Road NY v. Cuccinelli, stopped DHS from enforcing the 2019 Public Charge Final Rule; this decision was later limited in scope to the states within the Second Circuit (i.e., New York, Connecticut, and Vermont) on August 12, 2020 by the U.S. Court of Appeals for the Second Circuit in State of New York v DHS and Make the Road NY v Cuccinelli through its temporary stay of the SDNY July 29, 2020 injunction. And, on September 11, 2020, the U.S Court of Appeals for Second Circuit in State of New York v DHS and Make the Road NY v Cuccinelli, granted a stay of the July 29, 2020 injunction pending the government’s appeal. This stay allowed the Department of Homeland Security to resume implementing the Public Charge Final Rule nationwide.


On November 2, 2020, the Public Charge Final Rule was vacated nationwide due to the U.S. District Court for the Northern District of Illinois finding the Public Charge Final Rule invalid under the Administrative Procedure Act. As a result, USCIS then stopped applying the 2019 Public Charge Final Rule to all applications and petitions that would have been subjected to it, and, instead applied the 1999 Interim Field Guidance.


However, shortly thereafter, on November 19, 2020, the U.S Court of Appeals of the Seventh Circuit granted a stay pending appeal of the U.S District Court for the Northern District of Illinois’ November 2, 2020, decision that vacated the Public Charge Final Rule. This new stay allowed the Department of Homeland Security to continue implementing the Public Charge Final Rule nationwide.


If you have questions or concerns regarding your admissibility to the U.S. including regarding on public charge grounds, you may wish to consult with an immigration attorney. Attorney Rebecca Carcagno offers a free initial intake consultation which can help you determine if your case may be affected by any grounds of inadmissibility. You may schedule this free initial intake consultation with Attorney Carcagno at (734) 999-0360 or through the website.


***Please keep in mind that this blog posting is for educational purposes only (i.e., to give you general information and a general understanding of this immigration related matter); this blog posting does not provide specific legal advice and does not form an attorney-client relationship.***


Sources:

(1) https://www.uscis.gov/i-944

(2) https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/inadmissibility-on-public-charge-grounds-final-rule-litigation

(3) https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/inadmissibility-on-public-charge-grounds-final-rule-litigation

Rebecca Carcagno

The Law Offices of Rebecca Carcagno, PLLC

2512 Carpenter Rd

Suite 102A

Ann Arbor, MI 48108


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