USCIS Form Revisions Based on Public Charge Final Rule

As an update to our prior blog posts, after a ruling by the U.S. Supreme Court on January 27, 2020, the Department of Homeland Security (DHS) will soon implement their new rule relating to the “public charge” ground of inadmissibility. Effective February 24, 2020, DHS will implement the new public charge rule, except in the state of Illinois where a more limited, statewide injunction of the rule remains in effect.

U.S. Citizenship and Immigration Services (USCIS) has also announced that effective February 24, 2020, various forms will be updated to coincide with the public charge rule.

USCIS will revise the following forms:

• Form I-129, Petition for a Nonimmigrant Worker
• Form I-129CW, Petition for a CNMI-Only Nonimmigrant Worker
• Form I-485, Application to Register Permanent Residence or Adjust Status
• Form I-485J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j)
• Form I-539/I-539A, Application to Extend/Change Nonimmigrant Status
• Form I-864, Affidavit of Support Under Section 213A of the INA
• Form I-864A, Contract Between Sponsor and Household Member
• Form I-864EZ, Affidavit of Support Under Section 213A of the INA

The new versions of these forms will be required for petitions and applications filed with USCIS that are postmarked on or after February 24, 2020.

For any adjustment of status applications pending with USCIS, and for those postmarked before February 24, 2020, these applications will be adjudicated under the public charge criteria in effect before the new rule.

Effective February 24, 2020, applicants for adjustment of status will also be required to submit Form I-944, Declaration of Self Sufficiency. Form I-944 requires applicants who may be subject to the public charge ground of inadmissibility to report and submit information about whether the individual applied for, was certified or approved to receive, or received certain non-cash public benefits on or after February 24, 2020.

The announcement by USCIS confirms that the current form versions will be accepted only if postmarked before February 24, 2020. Any filings with the current version, postmarked on or after February 24, may result in the rejection or denial of the application or petition by USCIS. USCIS has just published previews of the new versions of the forms.

If you have any questions, please contact your Mintz Immigration attorney.

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