On July 29, 2020, U.S. District Court of the Southern District of New York Judge George B. Daniels issued a nationwide preliminary injunction against the “public charge rule” enforced by the Department of Homeland Security (DHS) for the duration of the COVID-19 pandemic. The United States Citizenship and Immigration Services (USCIS) has agreed to comply with the court order.

What Does This Mean?

  • Applicants for adjustments of status to permanent residence will not be required to submit Forms I-944 and accompanying personal documentation when filing Form I-485 postmarked July 29, 2020 or later.
  • Applicants for a change or extension of nonimmigrant status on Forms I-129 or I-539/I-539A will not be required to answer questions about their receipt of public benefits if their cases are postmarked July 29, 2020 or later.

This USCIS guidance will remain in effect for the duration of the federal court injunction. USCIS is expected to appeal the injunction in the near future.

SW Law Group will provide further updates as they become available.