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U.S. Citizenship and Immigration Services Halted Enforcement 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 application.

USCIS published 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 previous editions that are still available online.

Background

On November 2, 2020, the United States District Court for the Northern District of Illinois overturned the final rule of Inadmissibility on Public Charge Grounds  nationwide. On the other hand, the government appealed this decision to the U.S. Court of Appeals for the Seventh Circuit, which suspended the order to set aside the ruling. On March 9, 2021, the government dismissed the Seventh Circuit’s appeal and the U.S. District Court’s order for the Northern District of Illinois to overturn the Final Public Charge Rule went into effect.

Pursuant to the decision annulling the Final Public Charge Rule, USCIS immediately ceased to apply the Final Public Charge Rule to all pending applications and petitions that would have been subject to that rule.

Current Status

USCIS applies the 1999 Provisional Field Guide 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 Public Charge Rule was implemented. In addition, USCIS will no longer apply the separate but related “public benefit condition” to applications and petitions for nonimmigrant extension of stay and change of nonimmigrant status.

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

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