Jump to content

21 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Portugal
Timeline

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 by Jenerii

Share this post


Link to post
Share on other sites
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.. 

 

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Portugal
Timeline
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? 

Share this post


Link to post
Share on other sites
Filed: E-3 Visa Country: Uruguay
Timeline

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. 

Share this post


Link to post
Share on other sites

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?

 

1959778236_i-944ex.thumb.png.85105b10fd1e8420c91ceb7d53931c54.png

Share this post


Link to post
Share on other sites
Filed: J-1 Visa Country: Philippines
Timeline
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

Share this post


Link to post
Share on other sites
Filed: J-1 Visa Country: Philippines
Timeline

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.

 

Share this post


Link to post
Share on other sites
Filed: AOS (pnd) Country: Brazil
Timeline
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 by Ayrton

Share this post


Link to post
Share on other sites
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?

 

1959778236_i-944ex.thumb.png.85105b10fd1e8420c91ceb7d53931c54.png

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


IR1 Journey

  • Married 14 April 2018
  • I130 Package Sent 30 Sept 2018
  • NOA1 PD 5 Oct 2018 (Nebraska) 
  • NOA2 30 September 2019 🙌🙌🙌🙌🙌
  • Sent to NVC 10 October 2019
  • AOS/IV Package Submitted 15 November 2019 
  • NVC Review Error 11 Jan Resulted in 9 week processing delay
  • Expidite Request Declined 😢11 March 2020
  • Lockdown in NOLA with Virus 23 March 2020
  • NVC DQ 4/25 pending being sent to Sydney for Interview
  • Sydney Closed... Australia on Lockdown due to Covid 19
  • IR1 interview scheduled 10/14/2020.. I cancelled due to pending AOS in country

 

AOS Journey

  • I-485 etc filed 23 April 2020 
  • NOA1 I-485 June 3 2020 
  • NOA1 EAD 23 April 2020
  • Biometrics 5 Jan 2021
  • I-485 Interview Ready to be Scheduled 11 Jan 2021
  • EAD still pending 

Share this post


Link to post
Share on other sites
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 by HRQX

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...