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Public Charge Rule is BLOCKED

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13 minutes ago, OrihimeandIchigo said:

WHOOT they updated their news section about the public charge if those court cases didn't affect it? But considering they updated it today I would think its legit and correct right? 

https://travel.state.gov/content/travel/en/News/visas-news/update-on-public-charge.html

Looks right to me. That explicitly says the DS-5540 is no longer needed.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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I wonder what would happen when the national health emergency warning was lifted and the old 2019 rule became effective again. Would USCIS ask applicants to submit their I-944 if they chose not to submit it after July 29? Or that would be waived for those applicants?

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I submitted mine back in June. 

My cautious advice (IANAL) is that if you can, file I-485 without I-944 as soon as possible, but don't necessarily stop collecting evidences for I-944. In case they ask you to submit it as RFE, then you can send it swiftly. 

On 8/7/2020 at 6:01 PM, Justin N said:

I wonder what would happen when the national health emergency warning was lifted and the old 2019 rule became effective again. Would USCIS ask applicants to submit their I-944 if they chose not to submit it after July 29? Or that would be waived for those applicants?

 

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2 hours ago, OrihimeandIchigo said:

Does yesterday ruling mean people have to submit I-944 or they don't as long as long as the pandemic is going on? Does anyone know?

USCIS still hasn't edited the following page and I-944 is still not available on uscis.gov: https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/injunction-of-the-inadmissibility-on-public-charge-grounds-final-rule Last week the 4th Circuit ruled that the rule was lawful: https://www.ca4.uscourts.gov/opinions/192222.P.pdf Yesterday, the 2nd Circuit narrowed the July 29 SDNY injunction to only Connecticut, New York, and Vermont without deciding for or against the argument of suspending the rule while COVID remains a national public health emergency:

EfQLbcXXgAMYuZd?format=jpg&name=medium

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12 hours ago, HRQX said:

USCIS still hasn't edited the following page and I-944 is still not available on uscis.gov: https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/injunction-of-the-inadmissibility-on-public-charge-grounds-final-rule Last week the 4th Circuit ruled that the rule was lawful: https://www.ca4.uscourts.gov/opinions/192222.P.pdf Yesterday, the 2nd Circuit narrowed the July 29 SDNY injunction to only Connecticut, New York, and Vermont without deciding for or against the argument of suspending the rule while COVID remains a national public health emergency:

EfQLbcXXgAMYuZd?format=jpg&name=medium

I just saw this too today on these sources: 

 

immigration lawyer blog:

https://www.visalawyerblog.com/breaking-news-appeals-court-strikes-down-nationwide-public-charge-injunction-and-modifies-scope-of-injunction-to-three-states/?fbclid=IwAR27XLjYYZO3QdcJSDLtGdWF2jDeLtU9iS_9OGQ5gMzyQYPosWoWBfbyCzU

 

news sources (since it’s so new there are not many stories yet)

 

https://www.cbsnews.com/news/immigration-news-trump-administration-public-charge-rule-green-card-wealth-test/

 

https://www.washingtonpost.com/local/legal-issues/block-on-trump-administration-public-charge-rule-lifted-by-court/2020/08/05/68f23426-d74f-11ea-930e-d88518c57dcc_story.html

 

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