I-944 not needed anymore?

[Jenerii 1]

Hi all,

 

My wife was on the USCIS website looking for information on the I-944 when she found this:

 

"Applicants and petitioners whose applications or petitions are postmarked on or after July 29, 2020, should not include the Form I-944 or provide information about the receipt of public benefits on Form I-485, Form I-129, Form I-129CW, Form I-539, or Form I-539A.

USCIS will issue guidance regarding the use of affected forms. In the interim, USCIS will not reject any Form I-485 on the basis of the inclusion or exclusion of Form I-944, nor Forms I-129 and I-539 based on whether Part 6, or Part 5, respectively, has been completed or left blank.

In any public charge inadmissibility determination, USCIS will consider the receipt of public benefits consistently with prior public charge guidance....."

 

And she tried to look for the I-944 form and it's suddenly nonexistent? What's going on? 

 

This is found at this link:

 

https://www.uscis.gov/i-485

 

Does that mean we no longer have to do the I-944? 

 

Edited August 8, 2020 by Jenerii

[Lil bear 3,831]

5 minutes ago, Jenerii said:

Hi all,

 

My wife was on the USCIS website looking for information on the I-944 when she found this:

 

"Applicants and petitioners whose applications or petitions are postmarked on or after July 29, 2020, should not include the Form I-944 or provide information about the receipt of public benefits on Form I-485, Form I-129, Form I-129CW, Form I-539, or Form I-539A.

USCIS will issue guidance regarding the use of affected forms. In the interim, USCIS will not reject any Form I-485 on the basis of the inclusion or exclusion of Form I-944, nor Forms I-129 and I-539 based on whether Part 6, or Part 5, respectively, has been completed or left blank.

In any public charge inadmissibility determination, USCIS will consider the receipt of public benefits consistently with prior public charge guidance....."

 

And she tried to look for the I-944 form and it's suddenly nonexistent? What's going on? 

 

This is found at this link:

 

https://www.uscis.gov/i-485

 

Does that mean we no longer have to do the I-944? 

 

Use of the i944 has been put on hold at this time due to the Supreme Court decision. But this will certainly be challenged and is likely to change. Remember though , the I944 form was simply a tool for the assessment of the likelihood of an applicant to become a public charge .. this overarching principle hasn’t gone away .. they just can’t use the I944 to help make the decision.. 

 

[Jenerii 1]

4 minutes ago, Lil bear said:

Use of the i944 has been put on hold at this time due to the Supreme Court decision. But this will certainly be challenged and is likely to change. Remember though , the I944 form was simply a tool for the assessment of the likelihood of an applicant to become a public charge .. this overarching principle hasn’t gone away .. they just can’t use the I944 to help make the decision.. 

 

So that's a bad thing then? Are we more at risk for rejection? 

[Lil bear 3,831]

13 minutes ago, Jenerii said:

So that's a bad thing then? Are we more at risk for rejection? 

No. Always been an assessment that the interviewing officer makes. Just not able to get the information on one form by using the I994. 

[HRQX 4,145]

1 hour ago, Lil bear said:

due to the Supreme Court decision

It wasn't SCOTUS. It was SDNY (US District Court for the Southern District of New York).

[E.C. 2]

It is currently suspended, but that doesn't mean the public charge rule disappears.....USCIS is going back to the old rules from year 1999. 

• Judge Issued an Order to Stop Public Charges During COVID-19

• USCIS Goes Back to Old 1999 Public Charge Rule - What's the difference?

[HRQX 4,145]

In any public charge inadmissibility determination, USCIS will consider the receipt of public benefits consistently with prior public charge guidance – the 1999 Interim Field Guidance (PDF) and AFM Ch. 61.1. (PDF, 77.92 KB)

[Lil bear 3,831]

2 hours ago, HRQX said:

It wasn't SCOTUS. It was SDNY (US District Court for the Southern District of New York).

Thx for the correction. I should have said a generic  “ court decision” 

[travisgarretson11 20]

I need to be 100% sure before I send the AOS packet in the mail

 

so as of today, 8-8-20, the ONLY required forms for K1 AOS are: i-485 and i-864? does that mean I DO NOT mail the i-944?

 

 

on the i-485, question 61. i checked No, is this correct? even though I will NOT mail the i-944 since it is not required as of today?

 

[HRQX 4,145]

8 minutes ago, travisgarretson11 said:

on the i-485, question 61. i checked No, is this correct? even though I will NOT mail the i-944 since it is not required as of today?

 

Correct. Select "No." Don't send in I-944.

[Nate Karl 0]

13 hours ago, Lil bear said:

Use of the i944 has been put on hold at this time due to the Supreme Court decision. But this will certainly be challenged and is likely to change. Remember though , the I944 form was simply a tool for the assessment of the likelihood of an applicant to become a public charge .. this overarching principle hasn’t gone away .. they just can’t use the I944 to help make the decision.. 

 

I submitted mine like July 28,2020. But I think they received it August 1,2020.  I submitted I-944 with it. So what are they going to do about it? Thanks

[Nate Karl 0]

I submitted mine like July 28,2020 and the date of arrival or they day they will received it is August 1,2020. I submitted it with the I-994. My question is, what are they going to do with it? are they going to just disregard the I-944? Thanks in advance for answers.

 

[Ayrton 965]

56 minutes ago, Nate Karl said:

I submitted mine like July 28,2020 and the date of arrival or they day they will received it is August 1,2020. I submitted it with the I-994. My question is, what are they going to do with it? are they going to just disregard the I-944? Thanks in advance for answers.

 

It needed to be postmarked on or after July 29. Since yours was postmarked on the 28, they will still adjudicate based on the 944.

Edited August 9, 2020 by Ayrton

[Duke & Marie 1,389]

10 hours ago, travisgarretson11 said:

I need to be 100% sure before I send the AOS packet in the mail

 

so as of today, 8-8-20, the ONLY required forms for K1 AOS are: i-485 and i-864? does that mean I DO NOT mail the i-944?

 

 

on the i-485, question 61. i checked No, is this correct? even though I will NOT mail the i-944 since it is not required as of today?

 

Since the instructions for i485 request it, I’d still submit it, allowing them to ignor it if the rule is still in place at the time of adjudication.. either way, it can’t hurt to send it off

[HRQX 4,145]

2 hours ago, Ayrton said:

Since yours was postmarked on the 28, they will still adjudicate based on the 944.

@Ayrton and @Nate Karl: I-944 you submitted will only be used if at the time of I-485 adjudication the SDNY injunction is no longer in effect: https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/injunction-of-the-inadmissibility-on-public-charge-grounds-final-rule "For applications and petitions that USCIS adjudicates on or after July 29, 2020, pursuant to the SDNY injunction, USCIS will not consider any information provided by an applicant or petitioner that only relates to the evidence required by the Public Charge Rule, including information provided on the Form I-944 or any supporting documentation included with that form"

 

The SDNY injunction is explicitly clear: https://ccrjustice.org/sites/default/files/attach/2020/07/Dkt 221.Judge's Order granting COVID-19 PI and denying most of MTD.7 29 2020 cuccinelli.pdf "Defendants are enjoined from enforcing, applying, implementing, or treating as effective the Rule for any period during which there is a declared national health emergency in response to the COVID-19 outbreak."

46 minutes ago, Duke & Marie said:

Since the instructions for i485 request it, I’d still submit it,

I disagree. USCIS explicitly states to not send in I-944 at this time: https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/injunction-of-the-inadmissibility-on-public-charge-grounds-final-rule "Applicants and petitioners whose applications or petitions are postmarked on or after July 29, 2020, should not include the Form I-944" Also, the following page doesn't currently exist (it's a redirect instead): https://www.uscis.gov/i-944

Edited August 9, 2020 by HRQX