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Update to the Ombudsman's Alert: USCIS Implements its Inadmissibility on Public Charge Grounds Final Rule

On February 22, 2020, USCIS announced that the Supreme Court had lifted the statewide injunction issued by the U.S. District Court for the Northern District of Illinois.  The District Court’s ruling affected Illinois filers. On February 24, 2020, USCIS will implement its Inadmissibility on Public Charge Grounds Final Rule nationwide, including in the state of Illinois.  Due to litigation-related delays, USCIS will not consider the receipt of any public benefits received before February 24, 2020.

Certain classes of individuals will remain exempt from the public charge ground of inadmissibility (such as refugees, asylees, certain VAWA self-petitioners, U petitioners, and T applicants) and therefore, are not subject to the Final Rule.

Applicants and petitioners must use the updated forms posted on USCIS' website starting on February 24, 2020.  USCIS will reject any petition or application that does not adhere to the rule, including those for Illinois filers on or after February 24, 2020.  Stakeholders should visit the USCIS Forms website for the most up-to-date forms. 

The following resources further explain the Public Charge Final Rule:

USCIS is collecting questions and requests for more clarification on how it will implement the Final Rule.  Questions should be submitted via email at public.engagement@uscis.dhs.gov by February 28th at noon Eastern.  USCIS requests that you put “Public Charge” in the subject line.  USCIS will not address case-specific questions.  The Ombudsman’s Office will continue to monitor the implementation of this Final Rule and hopes that you find this update helpful.

 

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