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  • public charge update



    BREAKING: JUDGE STOPS PUBLIC CHARGE RULES.


    Does one still have to fill I-944 form.

  • #2
    I guess until USCIS changes its rules, it does apply?!
    Mar/25 => Application sent to Chicago lockbox
    22 <= 4 I-797Cs received by mail
    57 <= Courtesy letter for I-693 received
    129 <= Bio appointment for Aug/13
    159 <= Interview scheduled for Oct/6
    165 <= New card being produced
    169 <= I765&I131 approved
    196 <= New card being produced
    197 <= Card mailed
    Oct/10 = 2yr GC in hand
    Aug/18 = I-751 applied
    Aug/15 = I-751 approved
    Aug/18 = 10yr GC in hand
    Oct/20 = N400 Interview and Oath ceremony

    Comment


    • #3
      On Nov. 2, 2020, the U.S. District Court for the Northern District of Illinois vacated the Inadmissibility on Public Charge Grounds final rule, 84 Fed. Reg. 41,292 (Aug. 14, 2019), as amended by Inadmissibility on Public Charge Grounds; Correction, 84 Fed. Reg. 52,357 (Oct. 2, 2019) (“Public Charge Final Rule”) nationwide.


      As long as the July 29, 2020, SDNY decision is in effect, USCIS will apply the 1999 public charge guidance that was in place before the Public Charge Rule was implemented on Feb. 24, 2020 to the adjudication of any application for adjustment of status on or after July 29, 2020. In addition, USCIS will adjudicate any application or petition for extension of nonimmigrant stay or change of nonimmigrant status on or after July 29, 2020, consistent with regulations in place before the Public Charge Rule was implemented; in other words, we will not apply the public benefit condition.

      For applications and petitions that USCIS adjudicates on or after July 29, 2020, pursuant to the SDNY injunction, USCIS will not consider any information provided by an applicant or petitioner that relates to the Public Charge Rule, including information provided on the Form I-944, or information on the receipt of public benefits in Part 5 on Form I-539, Part 3 on Form I-539A or Part 6 on Form I-129. Applicants and petitioners whose applications or petitions are postmarked on or after July 29, 2020, should not include the Form I-944 or provide information about the receipt of public benefits on Form I-485, Form I-129, or Form I-539/I-539A.

      USCIS will issue guidance regarding the use of affected forms. In the interim, USCIS will not reject any Form I-485 on the basis of the inclusion or exclusion of Form I-944, nor Forms I-129 and I-539 based on whether Part 6, or Part 5, respectively, has been completed or left blank.

      This is my personal opinion and is not to be construed as legal advice.

      Comment


      • #4
        ^Does that effectively mean that they will ignore the I-944 form for any application that is currently processing?
        Adjusting status from H-1B w/ immigration attorney.
        Forms: I-130/I-485

        07/23/2020 - Priority date
        08/06/2020 - Text msgs w/ conf numbers
        08/10/2020 - NOAs in the mail
        12/29/2020 - Bio appt dated 12/12 for 1/8
        01/08/2021 - Bio appt, status changed to fingerprints taken
        01/15/2021 - I-485 ready to schedule interview
        02/08/2021 - Interview was scheduled
        02/13/2021 - Interview notice for 03/18
        03/18/2021 - Interview complete
        03/19/2021 - New card is being produced
        03/22/2021 - Case was approved

        Comment


        • #5
          Originally posted by kippenpox View Post
          ^Does that effectively mean that they will ignore the I-944 form for any application that is currently processing?
          I think yes but only if the injunction holds

          This is my personal opinion and is not to be construed as legal advice.

          Comment


          • #6
            .
            Last edited by 000000; 07-31-2020, 06:52 PM. Reason: Deleted

            Comment


            • #7
              so we don't have to include for I 944. right?

              Comment


              • #8
                Originally posted by immquestion View Post

                so we don't have to include for I 944. right?
                USCIS will issue guidance regarding the use of affected forms. In the interim, USCIS will not reject any Form I-485 on the basis of the inclusion or exclusion of Form I-944, nor Forms I-129 and I-539 based on whether Part 6, or Part 5, respectively, has been completed or left blank

                Comment


                • #9
                  Originally posted by 000000 View Post

                  USCIS will issue guidance regarding the use of affected forms. In the interim, USCIS will not reject any Form I-485 on the basis of the inclusion or exclusion of Form I-944, nor Forms I-129 and I-539 based on whether Part 6, or Part 5, respectively, has been completed or left blank
                  one attorney yesterday said one will to include the I944 form as current administration will appeal against this.

                  Comment


                  • #10
                    I don’t know why the attorney will recommend that but per USCIS’ explicit updated guidelines on I-944 iro of the injunction, that wouldn’t be necessary.
                    Mar/25 => Application sent to Chicago lockbox
                    22 <= 4 I-797Cs received by mail
                    57 <= Courtesy letter for I-693 received
                    129 <= Bio appointment for Aug/13
                    159 <= Interview scheduled for Oct/6
                    165 <= New card being produced
                    169 <= I765&I131 approved
                    196 <= New card being produced
                    197 <= Card mailed
                    Oct/10 = 2yr GC in hand
                    Aug/18 = I-751 applied
                    Aug/15 = I-751 approved
                    Aug/18 = 10yr GC in hand
                    Oct/20 = N400 Interview and Oath ceremony

                    Comment


                    • #11
                      Hi, is Public charge back?

                      Comment


                      • #12
                        Originally posted by immquestion View Post
                        Hi, is Public charge back?
                        Yes for all states except for Vermont, Connecticut, and New York. But the USCIS website hasn't been updated yet.

                        This is my personal opinion and is not to be construed as legal advice.

                        Comment


                        • #13
                          Wow - that was fast!
                          USC filed AOS for parents on B2. I am not a lawyer.
                          Timeline
                          2020
                          7/21 <— 2 sets of I-130/485/944/864/131/765/693 reached Chicago Lockbox
                          8/4 <— Checks cashed
                          8/5 <— I-797 SMS
                          8/24 <— Biometrics completed
                          10/19 <— I-485 ("New Card Is Being Produced")
                          10/20 <— I-130 and I-485 ("Case Was Approved")
                          10/22 <— I-130 and I-485 Approval notices received
                          10/28 <— Green card#1 received
                          11/07 <— Green card#2 received

                          Comment


                          • #14
                            Damn so that means if I submitted my applications without I-944 is automatically going to be rejected? Any help please

                            Comment


                            • #15
                              Originally posted by verbose View Post
                              Wow - that was fast!
                              which city you have applied , your parents AOS application is really fast.

                              Comment

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