USCIS Rescinds August 2019 Public Charge Final Rule

Effective immediately, information required solely by the August 14, 2019 Public Charge Final Rule will no longer be required on certain immigration filings.  Adjustment of Status applicants will no longer need to submit a Form I-944, Declaration of Self-Sufficiency, with applicable supporting evidence.  In addition, applicants and petitioners will no longer be required to answer questions regarding the receipt of public benefits on certain immigration filings.  USCIS has stated that if such information has already been supplied in connection with pending immigration filings, USCIS will not factor such information when adjudicating a particular matter.  In addition, USCIS has stated that applicants and petitioners will not have to respond to USCIS requests due after March 9, 2021 for additional evidence in connection with previously submitted public benefits information for any pending matters.  That said, responses will still be required for all other elements of such USCIS requests.  USCIS has also confirmed that it may still make a public charge inadmissibility determination for certain immigration benefits under the Immigration and Nationality Act and USCIS’s 1999 Interim Final Guidance on this issue. 

To avoid any doubt, applicants and petitioners should consult with immigration counsel before taking any action with respect to this news.