Public Charge Rule Vacated for Immigration

“Public charge” is a ground of inadmissibility. A ground of inadmissibility is a reason that an applicant could be denied legal permanent resident, visa, or admission into the United States. In deciding whether to grant residency, an immigration officer must decide whether that applicant is likely to become dependent on certain government benefits in the future, which would make them a “public charge.” 

AS OF NOVEMBER 02, 2020 the government CANNOT apply the new public charge rules anywhere in the United States or abroad.

On November 2, 2020, a federal district court vacated the new Department of Homeland Security (DHS) public charge rule. This means that as of November 2, 2020, U.S. Citizenship and Immigration Services (USCIS) cannot apply the new rule or require use of the new Form I-944.

Additionally, as of July 29, 2020, the Department of State cannot apply the new public charge rule in cases decided at consulates and embassies. Embassies and consulates have not been open for routine processing because of the COVID-19 pandemic. But once consulates begin to process cases again, they cannot apply the enjoined DOS rule related to public charge or the health insurance requirement that was announced in October 2019.

To learn more or with help with your immigration case or status, call 817-383-2979 or contact us to set up an appointment.