So I guess I944 will be again needed now (unless you are in NY, CT, VT) (merged)

[nendu 86]

Lawyers in Twitter are saying there is a new ruling: Link; Link2

 

I guess people who filled in the last couple of weeks got the exemption.

Edited August 13, 2020 by nendu

[nendu 86]

Now CBS is also reporting: Link

[Bigtuna 34]

This is a nightmare. How can we know if this is real? I was going to send all the AOS package this friday!! 

Edited August 13, 2020 by Bigtuna

[INF 96]

33 minutes ago, Bigtuna said:

This is a nightmare. How can we know if this is real? I was going to send all the AOS package this friday!! 

Same I’m done and we were sending it in tomorrow! I can’t even find the form on the website... what the hell?! Will call USCIS tomorrow.

[Bigtuna 34]

1 minute ago, INF said:

Same I’m done and we were sending it in tomorrow! I can’t even find the form on the website... what the hell?! Will call USCIS tomorrow.

Good luck and keep us updated. The USCIS web does not say anything yet but we will see if they update it tomorrow. I just cannot sleep.

[INF 96]

7 minutes ago, Bigtuna said:

Good luck and keep us updated. The USCIS web does not say anything yet but we will see if they update it tomorrow. I just cannot sleep.

Ugh, this is just the randomest curve ball. I will be shocked if the i944 form will be required immediately though. What if I had not read the forums? 

Edited August 13, 2020 by INF

[Bigtuna 34]

15 minutes ago, INF said:

Ugh, this is just the randomest curve ball. I will be shocked if the i944 form will be required immediately though. What if I had not read the forums? 

Ya. Im about to call sick and not going to work tomorrow in order to try to send everything asap, but the other orders were very inmedieta too...

[INF 96]

11 minutes ago, Bigtuna said:

Ya. Im about to call sick and not going to work tomorrow in order to try to send everything asap, but the other orders were very inmedieta too...

At this point, I would wait to read what USCIS has to say tomorrow at the very least! 

[OrihimeandIchigo 216]

BY CAMILO MONTOYA-GALVEZ

AUGUST 12, 2020 / 7:49 PM / CBS NEWS

A federal appellate court on Wednesday limited an order that had blocked the nationwide implementation of a controversial wealth test for green cards and immigrant visas, allowing the Trump administration to continue the policy in every state except New York, Connecticut and Vermont.

The court partially set aside last month's ruling from a federal judge in New York, who said the so-called "public charge" test was hindering nationwide efforts to contain the coronavirus by discouraging immigrants from requesting public assistance, including medical treatment, during the pandemic.

U.S. Circuit Judge Peter Hall did not provide a reason in his one-paragraph order, which set aside the lower court injunction in every state but New York, Connecticut and Vermont. All three of those states had sued the Trump administration over the public charge rule.

 

https://www-cbsnews-com.cdn.ampproject.org/v/s/www.cbsnews.com/amp/news/public-charge-rule-trump-administration-can-enforce-green-card-wealth-test-in-most-states-court-rules/?amp_js_v=a3&amp_gsa=1&usqp=mq331AQFKAGwASA%3D#referrer=https%3A%2F%2Fwww.google.com&amp_tf=From %1%24s&ampshare=https%3A%2F%2Fwww.cbsnews.com%2Fnews%2Fpublic-charge-rule-trump-administration-can-enforce-green-card-wealth-test-in-most-states-court-rules%2F

[ECCK 211]

4 hours ago, INF said:

At this point, I would wait to read what USCIS has to say tomorrow at the very least! 

I agree, we will wait to see if USCIS issues any updated guidance to how they will apply this new court decision. In the meantime I found this article talking about the injunction and their interpretation is the nationwide injunction still applies as long is there is a pandemic and that the recent court decisions were in relation to the general application of the public charge rule.
https://www.natlawreview.com/article/dhs-blocked-enforcing-new-public-charge-rule-during-covid-19-pandemic

 

I’m not sure what to make of it yet but I was also hoping to send my application, without the I-944, this Friday. 

[Bigtuna 34]

2 hours ago, ECCK said:

I agree, we will wait to see if USCIS issues any updated guidance to how they will apply this new court decision. In the meantime I found this article talking about the injunction and their interpretation is the nationwide injunction still applies as long is there is a pandemic and that the recent court decisions were in relation to the general application of the public charge rule.
https://www.natlawreview.com/article/dhs-blocked-enforcing-new-public-charge-rule-during-covid-19-pandemic

 

I’m not sure what to make of it yet but I was also hoping to send my application, without the I-944, this Friday. 

Thanks for the link, seems like we still have some hope, but we will see. At this point I dont trust in anything...

[INF 96]

No updated information by USCIS and no forms available online to even fill out! 
 

Going to call them.

[OrihimeandIchigo 216]

I'm confused does anyone under it? So does this mean USCIS wants I-944? Or is the other decision that as long as the pandemic is going on they won't inforce it? 

[INF 96]

21 minutes ago, INF said:

No updated information by USCIS and no forms available online to even fill out! 
 

Going to call them.

No help. The lady on the phone said I need to include it and she was confused why it was even taken off and who gave me this bad information?! The Tier 2 representatives are all busy and I have a callback scheduled. 
 

Does anyone have the form they can send me so that I can fill it out and just include it? 

Edited August 13, 2020 by INF

[SteveInBostonI130 3,319]

USCIS has not updated it's website with the new ruling from this week:

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/injunction-of-the-inadmissibility-on-public-charge-grounds-final-rule

 

Quote

Injunction of the Inadmissibility on Public Charge Grounds Final Rule

On July 29, 2020, the U.S. District Court for the Southern District of New York (SDNY) in State of New York, et al. v. DHS, et al. and Make the Road NY et al. v. Cuccinelli, et al. enjoined the Department of Homeland Security (DHS) from enforcing, applying, implementing, or treating as effective the Inadmissibility on Public Charge Grounds Final Rule for any period during which there is a declared national health emergency in response to the COVID-19 outbreak. (84 FR 41292, Aug. 14, 2019, final rule; as amended by 84 FR 52357, Oct. 2, 2019, final rule correction)

On Jan. 31, 2020, the Secretary of Health and Human Services declared a public health emergency, effective Jan. 27, 2020, under section 319 of the Public Health Service Act (42 U.S.C. 247d), in response to COVID-19. On Feb. 24, 2020, DHS implemented the Public Charge Rule to be applied prospectively to any application or petition postmarked, or if applicable, submitted electronically on or after that date. On March 13, 2020, the President issued Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak. On the same day, USCIS issued an alert addressing COVID-19 and public charge determinations under the Public Charge Rule.

As long as the July 29, 2020, SDNY decision is in effect, USCIS will apply the 1999 public charge guidance that was in place before the Public Charge Rule was implemented on Feb. 24, 2020 to the adjudication of any application for adjustment of status on or after July 29, 2020. In addition, USCIS will adjudicate any application or petition for extension of nonimmigrant stay or change of nonimmigrant status on or after July 29, 2020, consistent with regulations in place before the Public Charge Rule was implemented; in other words, we will not apply the public benefit condition.

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, or information on the receipt of public benefits in Part 5 on Form I-539, Part 3 on Form I-539A,  Part 6 on Form I-129, or Part 6 on Form I-129CW, or any additional documentation pertaining to the public benefit condition. 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 – the 1999 Interim Field Guidance (PDF) and AFM Ch. 61.1. (PDF, 77.92 KB)