USCIS to Implement Public Charge Rule Nationwide

On Friday evening, February 21, 2020, the US Supreme Court lifted an injunction in Illinois that precluded United States Citizenship and Immigration Services (“USCIS”) from implementing the Inadmissibility on Public Charge Grounds final rule in that state. Although litigation on the subject continues, USCIS will implement the public charge final rule nationwide, including in Illinois, as of February 24, 2020.

In light of the US Supreme Court’s decision to lift the statewide injunction, USCIS will now apply the final rule to all applications and petitions postmarked (or submitted electronically) on or after February 24, 2020.  For more information on the content of the public rule, we welcome you to review our previous In Brief on the topic. 

As part of the public charge final rule, USCIS published revised forms on January 27, 2020, to include public-charge related questions. In addition, applicants for adjustment of status subject to the public charge ground of inadmissibility will be required to submit Form I-944, Declaration of Self-Sufficiency. This new form requires extensive information about the beneficiary and their family’s assets, resources, and financial status, including liabilities, debts, credit report and credit score, health insurance, and public benefits. Form I-944 also requires the beneficiary’s educational history and skill level.