U.S. Citizenship and Immigration Services (USCIS) released updated guidance late Wednesday confirming that applicants no longer need to provide documentation required under the 2019 public charge rule.

Key Points:

  • USCIS said it would apply the public charge inadmissibility statute consistent with the 1999 Interim Field Guidance.
  • The 2019 rule will not apply to new or pending applications or petitions.
  • USCIS also said that applicants for adjustment of status no longer have to provide the Form I-944, Declaration of Self-Sufficiency, or any evidence or documentation that the form requires.
  • USCIS posted a pre-publication version of a final rule removing the 2019 public charge rule from the regulations.

Background: The USCIS guidance was expected after Secretary of Homeland Security Alejandro Mayorkas issued a statement earlier this week saying the administration would no longer defend the 2019 public charge rule in the multiple court cases challenging it. After the Supreme Court and other federal courts dismissed their appeals, a final court order from the Northern District of Illinois took effect, vacating the rule.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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