Public Charge rule reinstated

The Immigration Department has announced that it will continue to enforce the so-called “Public Charge” rule, which applies to migrants who are unable to make ends meet without state support, and will continue to apply the associated financial test.

Accordingly, those who made or will make their applications between 24 February 2020 and October 13, 2020, and those whose files are in process between these dates will be covered by this rule. Again, the Department will reject the applications of greencard applicants who do not include the I-944 form in their applications as of October 13, 2020. As of this date, the Immigration Department will continue to require detailed financial information and information on prior government grants for Greencard applications and some nonimmigrant visa types (H-1B, F-1, etc.).

This rule has only been stayed by the court in some states, such as New York, Connecticut and Vermont. This rule applies to immigrants who have not yet received their greencard or are in nonimmigrant visa categories.

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Attorney Hasan Alaz

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