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ARTICLE · 24 SEPTEMBER 2020

USCIS Reinstates Public Charge Rule Nationwide

Following a Sept. 11 ruling from the Second Circuit Court of Appeals, U.S. Citizenship and Immigration Services (USCIS) has resumed implementation of the Public Charge Rule nationwide.

United StatesLitigation, Mediation & Arbitration
Envoy Global, Inc.
Envoy Global, Inc.
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What Happened?

Following a Sept. 11 ruling from the Second Circuit Court of Appeals, U.S. Citizenship and Immigration Services (USCIS) has resumed implementation of the Public Charge Rule nationwide. A previous injunction had prohibited any enforcement of the rule during any period where there was a declared national health emergency due to the COVID-19 pandemic.

Who Does This Impact?

USCIS will apply the final rule to all applications and petitions postmarked or submitted electronically on or after Feb. 24, 2020. This includes applications or petitions that are currently pending adjudication.

If a foreign national is filing a Form I-485 Adjustment of Status and it is received by USCIS before Oct. 13, 2020, USCIS has indicated that it will issue a request for evidence (RFE) if the Form I-944, Declaration of Self-Sufficiency and supporting documents are not included. Once this grace period passes, USCIS said that any adjustment of status requests that do not

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