• Filip Kobylecki

Public Charge Rule Injunction Limited to 2nd Circuit

Panoramic Photo of New York City

In a prompt decision by the Second Circuit U.S. Court of Appeals issued on August 12, 2020, Judge Peter Hall has limited the South District of New York's July 29 injunction of the new public charge rule solely to the Second Circuit. This encompasses Connecticut, New York, and Vermont, and essentially signals that the updated public charge rule, which impacts almost all non-immigrant and immigrant visa applications, may be re-implemented in all other jurisdictions in the coming weeks. Our office continues to monitor these developments closely, but for now USCIS official policy has not yet been updated to reflect this court order and the Form I-944 is still listed on the USCIS website alongside the following language: "USCIS will not reject any Form I-485 on the basis of the inclusion or exclusion of Form I-944." Please contact us directly if you have any questions regarding how this may impact your pending or future immigration application moving forward!