OnSeptember 22, 2020 the USCIS reinstated the new public charge rule. 

Guidanceon the USCIS website states that the USCIS will apply the public charge rule toall petitions postmarked after February 24, 2020. 

USCISwill not re-adjudicate any cases which are already approved, but may issue anRFE for any evidence required by the public charge rule on those cases stillpending.  Any cases filed after October13, 2020 without the forms, information, or evidence required by the publiccharge rule will be rejected.  The I-944is now re-published on the USCIS website.

Asbackground:

  • InAugust2019 the new public charge rule was announced by the Department of HomelandSecurity.  
  • InearlyOctober 2019 the new public charge rule was implemented by the USCIS.  In mid-October2019, the implementation of the new public charge rule was suspended aftera law suit was filed. 
  • InFebruary2020 the new public charge rule was implemented after the US Supreme Courtlifted the nationwide injunction on January 27, 2020. 
  • In July2020, a District Court Judge in New York stopped the USCIS and DOS fromenforcing, applying, implementing, or treating as effective the new publiccharge rule during the national health emergency declared by President Trumpdue to Covid-19. On July 31, 2020 USCIS announced that in response to thisruling USCIS will not consider any information or documentation provided withthe I-944 on applications filed after July 29, 2020 and removed the form I-944from its