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The Public Charge Rule is Like a Pinball Machine

August 13, 2020

The public charge rule is similar to a ball in a pinball machine – bouncing back and forth, up and down, and always moving. In February 2020, USCIS implemented Form I-944, Declaration of Self-Sufficiency, to assist in its determination of whether the applicant is likely to become a public charge. Litigation has been ongoing, particularly in light of the economic difficulties millions of Americans are facing due to the COVID-19 pandemic. In late July, a federal court in New York issued an injunction on the public charge rule, and USCIS indicated that it was no longer requiring Form I-944 to be filed. On August 12, 2020, the Second Circuit limited this injunction. Now, only applicants in the states of New York, Connecticut, and Vermont are exempt from the latest rendition of the public charge rule. While USCIS has not yet issued new guidance nor indicated whether it will again require the I-944, we expect the form will be required at some point in the very near future. Rest assured we will stay on top of these ever-changing developments and prepare our clients as thoroughly as possible.

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