The Public Charge Rule has been Cancelled

If you were holding off on filing your green card application because of the burdensome financial evidence and documentation required for the Form I-944, Declaration of Self-Sufficiency, it’s time to move forward with your case! On March 9, 2021, the federal court canceled the Public Charge Rule.

Following this decision, USCIS immediately stopped applying the Public Charge Rule to all pending green card applications. Also, USCIS stopped applying similar “public benefits condition” to requests to extend nonimmigrant stay and change of nonimmigrant status.

As of March 9, 2021, green card applicants no longer need to provide the Form I-944, Declaration of Self-Sufficiency, or any evidence or documentation required on that form with their green card application. Similarly, applicants for extension of nonimmigrant stay and change of nonimmigrant status should not provide information related to the receipt of public benefits on the applicable forms.

If you have already submitted the Form I-944, Declaration of Self-Sufficiency and provided previously required information and evidence and USCIS reviews your case on or after March 9, 2021, USCIS will not be taking this information into account when reviewing your case. If you received a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) related to the Public Charge Final Rule, and your response is due on or after March 9, 2021, you do not need to provide that information. However, make sure to respond to any other aspects of the RFE or NOID not related to the Public Charge Final Rule.

Contact an attorney at Minsky, McCormick & Hallagan, P.C. if you have questions about the impact of these changes on your pending or prospective case.