USCIS Announces Implementation of the Public Charge Inadmissibility Rule, January 31, 2020
U.S. Citizenship and Immigration Services (USCIS) will implement the Inadmissibility on Public Charge Grounds Final Rule beginning Feb. 24, 2020, except in Illinois, where the rule remains enjoined by a federal court (as of Jan. 31, 2020). DHS has sought a stay of this injunction from the U.S. Court of Appeals for the Seventh Circuit in light of the Supreme Court decision to stay the last nationwide injunctions. USCIS will provide additional guidance if the injunction in Illinois is lifted.
This means that USCIS will only apply the final rule to applications and petitions postmarked (or, if applicable, submitted electronically) on or after Feb. 24, 2020. For applications and petitions that are sent by commercial courier (such as UPS, FedEx, and DHL), the postmark date is the date on the courier receipt. After Feb. 24, 2020, except in Illinois, we will reject prior editions of forms if postmarked on or after Feb. 24, 2020. If we receive an application or petition on the incorrect edition of the form, the applicant or petitioner will need to submit a new application or petition.
Additionally, when determining whether an alien is likely to become a public charge at any time in the future, DHS will not consider an alien’s application for, certification or approval to receive, or receipt of certain non-cash public benefits before Feb. 24, 2020. For the public benefits condition for applications or petitions for extension of stay or change of status, DHS will only consider public benefits received on or after Feb. 24, 2020.
For more information on USCIS and its programs, please visit ww.uscis.gov