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U.S. Citizenship and Immigration Services has announced that the Department of Homeland Security’s public charge rule will be implemented Feb. 24, 2020.
The rule will take effect in all states except Illinois, where it remains subject to a federal court injunction. The announcement comes after a 5-4 Supreme Court ruling to lift a nationwide injunction on the rule; the Court’s ruling did not address the injunction in Illinois.
Key Points:
Background: DHS published the final public charge rule last August with an effective date of Oct. 15, 2019, but the rule was subsequently enjoined by multiple federal courts. The regulation redefines “public charge” under the Immigration and Nationality Act and significantly tightens rules used by USCIS adjudicators when determining whether an applicant may become a public charge in the future and is therefore inadmissible. The Supreme Court lifted the nationwide injunction earlier this week, clearing the way for the administration to implement the rule while litigation challenging it continues.
BAL Analysis: Employers and applicants for green cards and extensions or changes of nonimmigrant status in the U.S. should anticipate longer case processing timelines and factor in additional preparation time to complete updated or new USCIS forms. Employees should be prepared to furnish documentation and other information requested on the new forms pertaining to their finances, prior use of public benefits, or potential future reliance on public benefits. BAL will provide further updates as additional information is released.
This alert has been provided by the BAL U.S. and Global Practice groups. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2020 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
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