UPDATED: 7th Circuit Court of Appeals issued an administrative stay of the decision of the U.S. District Court for the Northern District of Illinois (noted below) meaning adjustment of status applications MUST be filed with the Form I-944. We will continue to monitor the situation.
On November 1, 2020, the U.S. District Court in Cook County, Illinois, et al v. Wolf et. al., (19-cv-6334), granted summary judgment in favor of Plaintiffs on their claim that the Department of Homeland Security’s Public Charge Rule, 84 Fed. Reg. 41,292 (Aug. 14, 2019) violates the Administrative Procedure Act (“APA”), 5 U.S.C. § 701 et. seq. The district court specifically ruled that (1) the public charge exceeds DHS’s authority under the public charge provision of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1182(a)(4)(A); (2) is not in accordance with law; and (3) is arbitrary and capricious.
Therefore, the court immediately set aside the DHS Public Charge Rule nationwide without staying its decision pending appeal, meaning that DHS may not apply the public charge rule as of today, which includes the submission of Form I-944 and the information contained therein.
For more information on public charge rule
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