USCIS Implements Decision Abolishing Final Public Charge Rule

March 23, 2021
IMMIGRATION

The United States Citizenship and Immigration Services stopped the application of the Final Public Charge Rule

All applications and petitions pending on March 9, 2021. We have published new versions of the affected forms. You must submit the 03/10/21 edition of these forms on any future applications.

USCIS released the new versions, with an edit date of 3/10/21, of the following forms:

• I-864, I-864A, I-864EZ, I-864W
• I-539, I-539A
• I-129CW, I-129CWR
• I-129
• I-485, I-485A, I-485J
• I-912

As of April 19, 2021, only the 03/10/21 edition will be accepted. Until then, you can use the older editions that are still available online.

undertone

On November 2, 2020, the United States District Court for the Northern District of Illinois vacated the final rule of inadmissibility for reasons of public charge in all the country. On the other hand, the government appealed this decision before the United States Court of Appeals for the Seventh Circuit, which suspended the order to annul the ruling. On March 9, 2021, the government dismissed the appeal from the Seventh Circuit and the order of the United States District Court for the Northern District of Illinois to void the Final Public Charge Rule went into effect.

Pursuant to the decision voiding the Final Public Charge Rule, USCIS immediately stopped applying the Final Public Charge Rule to all pending applications and petitions that would have been subject to said rule.

Actual status

USCIS applies the 1999 Interim Field Guidance in adjudicating any application for adjustment of status that was pending or received on or after March 9, 2021. The 1999 guidance was in effect before the Final Rule of Public Charge. In addition, USCIS will no longer apply the separate but related “public benefits status” to applications and petitions for extension of nonimmigrant stay and change of nonimmigrant status.

For more information about Requests for Evidence or Notices of Intent to Deny related to the Final Public Charge Rule, see our website at Public Charge