Public Charge Rule Injunction Lifted
To follow up on our post from August 13, 2020, we can now report that the court injunction on the public charge rule previously limited to the 2nd Circuit has now been lifted in its entirety. In a decision announced on September 11, 2020, the U.S. Court of Appeals for the Second Circuit held that the preliminary injunction, or block, on enforcing the new public charge rule should be removed while the rule is considered by the court on its merits. Essentially, this decision emboldens the USCIS and the Department of State to re-implement the new public charge rule in the coming days. However, as of the date of this post the USCIS has not updated it's web-page on this injunction and has not yet decided to require the filing of the Form I-944 with the I-485 application to adjust status. This hesitancy is difficult to explain, but perhaps the USCIS itself does not want to require the submission of a time intensive form such as the I-944 without a confirmation that the public charge rule will be applicable moving forward. We will continue to monitor USCIS and DOS policy regarding the re-implementation of the new public charge rule and will post an announcement as soon as more information becomes available. For more information about how this development may impact your immigration case, please feel free to contact our office and we will be happy to provide up-to-date, detailed advice regarding this rapidly changing legislative landscape.