Legal Blogs and Updates

On or after March 9, 2021, applicants and petitioners no longer need to provide information required solely by the Public Charge Final Rule on Form I-944, Declaration of Self-Sufficiency, or any evidence or documentation required on that form, with their Form I-485. In addition, applicants and petitioners for extension of nonimmigrant stay and change of nonimmigrant status are no longer required to provide information related to the receipt of public benefits on Form I-129 (Part 6), Form I-129CW (Part 6), Form I-539 (Part 5), and Form I-539A (Part 3) (“Public Charge Information Disclosures”).

If an applicant or petitioner has already provided such information before March 9, 2021, and USCIS adjudicates the application or petition on or after March 9, 2021, USCIS will not consider any “Public Charge Disclosures” made with the application.

If USCIS issues a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) requesting information that is solely required by the Public Charge Final Rule, but the response is due on or after March 9, 2021, the applicant or petitioner is not required to provide that information. However, it will be necessary to respond to any other aspect of the RFE or NOID that otherwise questions eligibility for the immigration benefit applied for that does not relate to the Public Charge Final Rule.

All other requests for additional information or evidence to make a public charge inadmissibility determination under the statute and consistent with the 1999 Interim Field Guidance, will be made by USCIS by sending another RFE or NOID.