March 8, 2021 – The U.S. Department of Homeland Security announced that it will no longer pursue appellate review of judicial decisions invalidating the 2019 public charge final rule that required Form I-944 to be filed by immigrant beneficiaries to prove self-sufficiency. As a result, the U.S. Department of Justice filed a joint motion to dismiss the petition for certiorari in the U.S. Supreme Court, as well as joint motions to dismiss appeals in various circuit courts, all of which have been granted.
As such, the district courts either enjoining the rule or permanently vacating the rule per the Cook County case, will become the law of the land. U.S. Department of Homeland Security announced that, once the rule is permanently vacated, it will follow the 1999 interim field guidance on the public charge inadmissibility provision, at which time the Form I-944 will no longer be required.
For more information on Form I-944 Public Charge
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