WASHINGTON—U.S. Citizenship
and Immigration Services (USCIS) will implement the Inadmissibility on Public
Charge Grounds final rule (“Final Rule”) on Feb. 24, 2020, except for in the
State of Illinois where the rule remains enjoined by a federal court as of Jan.
30, 2020. Under the Final Rule, USCIS will look at the factors required under
the law by Congress, like an alien’s age, health, income, education and skills,
among others, in order to determine whether the alien is likely at any time to
become a public charge.
The Final Rule, issued in
August and originally scheduled to be effective in October, prescribes how DHS
would determine whether an alien is inadmissible to the United States based on
the alien’s likelihood of becoming a public charge at any time in the future,
as set forth in the Immigration and Nationality Act. The Final Rule also
addresses USCIS’ authority to issue public charge bonds in the context of
applications for adjustment of status. Finally, the Final Rule includes a
requirement that aliens seeking and extension of stay of change of status
demonstrate that they have not received public benefits over the designated
threshold since obtaining the nonimmigrant status they seek to extend or
change.
“Self-sufficiency is a core
American value and has been part of immigration law for centuries. President
Trump has called for long-standing immigration law to be enforced and U.S.
Citizenship and Immigration Services is delivering on this promise to the
American people,” said Ken Cuccinelli, the Senior Official Performing the
Duties of the Deputy Secretary for DHS. “By requiring those seeking to come or
stay in the United States to rely on their own resources, families and
communities, we will encourage self-sufficiency, promote immigrant success and
protect American taxpayers.”
Except for in the State of
Illinois, USCIS will only apply the Final Rule to applications and petitions
postmarked (or submitted electronically) on or after Feb. 24, 2020. For
applications and petitions that are sent by commercial courier (e.g.,
UPS/FedEx/DHL), the postmark date is the date reflected on the courier
receipt. The Final Rule prohibits DHS from considering an alien’s
application for, certification or approval to receive, or receipt of certain
non-cash public benefits before Oct. 15, 2019, when deciding whether the alien
is likely at any time to become a public charge. In light of the duration of
the recently-lifted nationwide injunctions and to promote clarity and fairness
to the public, DHS will now treat this prohibition as applying to such public
benefits received before Feb. 24, 2020. Similarly, the Final Rule
prohibits DHS from considering the receipt of public benefits by applicants for
extension of stay and change of status before Oct. 15, 2019 when determining
whether the public benefits condition applies, and DHS will now treat this
prohibition as applying to public benefits received on or after Feb. 24, 2020.
USCIS will post updated forms,
submission instructions, and Policy Manual guidance on the USCIS website during
the week of Feb. 3, 2020, to give applicants, petitioners, and others ample
time to review updated procedures and adjust filing methods. After Feb. 24,
2020, everywhere except in the State of Illinois, USCIS will reject prior
editions of forms if the form is postmarked on or after Feb. 24, 2020. If USCIS
receives an application or petition for benefits using incorrect editions of
the forms, USCIS will inform the applicant or petitioner of the need to submit
a new application or petition using the correct forms.
USCIS will continue to release
information through its website in the weeks leading to the rule’s
implementation date, including in the event that the injunction Illinois is
lifted. This will include an update to the USCIS Policy Manual.
In the coming weeks, the
agency is planning to hold a public engagement for immigration attorneys,
industry representatives, and other relevant groups to discuss the final rule.
DHS remains enjoined from
implementing the Final Rule in the State of Illinois. Should the injunction in
Illinois be lifted, USCIS will provide additional public guidance.
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