[CAPLAW News] USCIS Announces Public Charge Rule Implementation Date

USCIS Announces Public Charge Rule
Implementation Date: February 24, 2020

On January 30, 2020, U.S. Citizenship and Immigration Services (USCIS) announced that it will implement the final Department of Homeland Security rule commonly known as the new “public charge rule” on February 24, 2020. The announcement came after the Supreme Court of the United States granted a stay rolling back preliminary injunctions issued by lower courts blocking the rule. Implementation will take place nationwide, except for in the State of Illinois, which is subject to a statewide injunction.

The new public charge rule makes it more difficult for immigrants who use federal, state, or local government benefits to obtain green cards. If an immigrant receives certain public benefits (including SNAP, Medicaid, and housing assistance) for more than a total of twelve months over any three year period, their receipt of those benefits will heavily weigh against them in a green card determination. Receipt of two of the listed benefits within one month will count as two months’ receipt.

According to USCIS’s announcement, it will only apply the new rule to applications and petitions postmarked or submitted electronically on or after February 24. Benefits received before February 24 will be evaluated under the existing public charge rule and will not count towards the twelve month calculation under the new rule.

USCIS plans to post updated forms, submission instructions, and Policy Manual guidance on its website the week of February 3. After February 24, USCIS will reject applications and petitions submitted using the old forms.

For more information about the public charge rule, you can review the following resources:

CAPLAW will continue to monitor developments on the public charge rule and update the Community Action network on any changes as they arise. If you have questions about these issues, please feel free to contact CAPLAW for assistance.

This News Flash is part of the Community Services Block Grant (CSBG) Legal Training and Technical Assistance (T/TA) Center. It was created by Community Action Program Legal Services, Inc. (CAPLAW) in the performance of the U.S. Department of Health and Human Services, Administration for Children and Families, Office of Community Services Cooperative Agreement – Grant Award Number 90ET0467-03. Any opinion, findings, conclusions, or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Health and Human Services, Administration for Children and Families.

The contents of this news flash are intended to convey general information only and do not constitute legal advice. Any communication through this publication or through CAPLAW’s website does not constitute or create an attorney-client relationship. If you need legal advice, please contact CAPLAW or another attorney directly.