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USCIS jettisons public charge rule
The Public Charge Final Rule that the Trump Administration put into effect in weighing immigration applications in 2019 is no longer in effect.
U.S. Citizenship and Immigration Services has announced it has stopped applying the Public Charge Final Rule to all pending applications and petitions starting last March 9, 2021. Instead, USCIS will go back to the previous policy. At the same time, intending immigrants will no longer need to file a declaration of self-sufficiency when applying to have their immigration status adjusted.
USCIS also removed content related to the vacated 2019 Public Charge Final Rule from affected USCIS forms and has posted updated versions of affected forms.
It will be recalled that the Trump Administration put into effect a public charge rule in 2019 that those applying for a “green card” should not have obtained social services assistance like Medicaid or food stamps. This rule was criticized as a “wealth test” and made it harder for low income immigrants and non-immigrants to seek improved immigration status.
In announcing the change, Homeland Security Secretary Alejandro Mayorkas said that USCIS will no longer consider a person’s receipt of Medicaid (except for Medicaid for long-term institutionalization), public housing, or Supplemental Nutrition Assistance Program (SNAP, also known as food stamps) benefits as part of the public charge inadmissibility determination.
USCIS published new form editions for affected forms. Starting April 19, 2021, it will only accept the March 10, 2021, editions. Until then, you can also use the prior editions specified on each form webpage. (Saipan Tribune)
