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PUBLIC CHARGE RULE ON HOLD

October 18, 2019

A new public charge rule was set to go into effect on October 15, 2019. The rule would amend the DHS regulation on determining whether a foreign national applying for permanent residence is likely to become a public charge at any time. The rule also would require non-immigrants seeking to change or extend status to prove they have not received certain public benefits during the three years preceding the request to change or extend that status. Then, with only six days to prepare before the rule would become effective, USCIS published several revised forms and a brand-new form, Form I-944, requiring attorneys and clients to use these forms beginning on October 15, 2019. This wreaked havoc, as it would have been virtually impossible to launch use of these forms within such a short time frame. Fortunately, Federal judges in New York and California blocked implementation of the rule and the forms, with one judge stating: “The Rule will expose individuals to economic insecurity, health instability, denial of their path to citizenship, and potential deportation.” Please visit our website or contact our firm for updates on the pending litigation.

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