As of July 29th, 2020 we no longer need to include I-944 with I-485 application?

[Orangatang 6]

Hello all,

 

I really enjoy reading the lawyer talk on USCIS.... SAID NO ONE EVER. If I understand this correctly... I do not need to provide the I-944 for my I-485 application for my wife correct?

 

My Wife and I have our I-130 and I-130A approved as of August 4th, 2020. Now the next step is to apply for the I-485 and supporting documents. I am going to apply September 2020 before the price increase October 2nd:

 

 

Form Name	Current Fee	Fee After October 2, 2020	Price Difference	% Difference
I-130, Petition for Alien Relative	$535	$560	+$25	+4.67%
I-485, Application to Register Permanent Residence	$1,140	$1,130	-$10	-0.88%
I-765, Application for Employment authorization	$0	$550	+$550	N/A
I-131, Application for Travel Document	$0	$590	+$590	N/A
Biometrics Fee	$85	$30	-$55	-64.71%
Total	$1,760	$2,860	+$1,100	+62.5%

 

 

Below is the lingo on the USCIS website under I-485:

 

 

ALERT: 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) 

 

 

 

 

Thank you for reading and let me know your thoughts and if you have any recommendations for me in this process. I know its going to be lengthy one.

 

Best,

Orangatang

[payxibka 10,048]

You posted in the k1 forum and its old news

Edited September 1, 2020 by payxibka

[Cheburashka34 228]

I think you do unless you are in a certain state

[JacobP 187]

You can't even find I-944 on the USCIS website without digging for it. Here's the link to where the page would be https://www.uscis.gov/i-944

 

It just redirects to the All Forms page, where you also can not find the form. Some 3rd party websites or news articles imply that the court injunction only applies to particular states, but right now (and for the past several weeks) the USCIS is not requiring (and is, in fact, advising against) including the I-944 and answering a particular set of questions on the I-485, no matter where you live.

[Orangatang 6]

21 hours ago, JacobP said:

You can't even find I-944 on the USCIS website without digging for it. Here's the link to where the page would be https://www.uscis.gov/i-944

 

It just redirects to the All Forms page, where you also can not find the form. Some 3rd party websites or news articles imply that the court injunction only applies to particular states, but right now (and for the past several weeks) the USCIS is not requiring (and is, in fact, advising against) including the I-944 and answering a particular set of questions on the I-485, no matter where you live.

Thank you. Yes I just checked you are right. I won't include it since its no longer on their site. I guess I have to thank the people in NY, Connecticut, and New Hampshire on that one!

 

[Orangatang 6]

23 hours ago, payxibka said:

You posted in the k1 forum and its old news

My bad for posting here but I did not know where to post this honestly. Luckily the beautiful people of Visa Journey knocked this one dead and gave me the answer confirmed.  

 

Thanks again JacobP you rule!

[Orangatang 6]

22 hours ago, Cheburashka34 said:

I think you do unless you are in a certain state

Yea that was the case until they pulled the form from the site...won't be filing the I-944. Thankful for those battle ground states that told USCIS to shove it up their a**

[Cheburashka34 228]

7 minutes ago, Orangatang said:

Yea that was the case until they pulled the form from the site...won't be filing the I-944. Thankful for those battle ground states that told USCIS to shove it up their a**

Oh that's awesome! I wish I didn't have to include it but I probably will in the far future. Good luck!

[payxibka 10,048]

1 hour ago, Orangatang said:

My bad for posting here but I did not know where to post this honestly.

adjustment of status forum

[Ryan H 3,903]

Moved from K1 Progress Reports to Adjustment of Status from Work, Student, & Tourist Visas forum.