Public Charge Rule

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions regarding the injunction of the public charge rule.     

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[newacct]

Does the 2nd Circuit decision limiting a previous injunction to New York, Connecticut, and Vermont, affect the latest injunction?

[newacct]

USCIS says that I-485 postmarked after July 29 and while the injunction is in effect should not include I-944, and I-539 and I-129 postmarked after July 29 and while the injunction is in effect should not include the public benefits information:

Quote

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.

If the injunction is later reversed, will USCIS issue RFEs to provide the I-944 or public benefits information for people who filed applications during this time?

[Attorney_22]

On 8/7/2020 at 1:41 PM, newacct said:

Does the 2nd Circuit decision limiting a previous injunction to New York, Connecticut, and Vermont, affect the latest injunction?

Yes, the injunction appears to be limited to NY, CT and VT at this time. 

[Attorney_22]

On 8/7/2020 at 1:46 PM, newacct said:

USCIS says that I-485 postmarked after July 29 and while the injunction is in effect should not include I-944, and I-539 and I-129 postmarked after July 29 and while the injunction is in effect should not include the public benefits information:

If the injunction is later reversed, will USCIS issue RFEs to provide the I-944 or public benefits information for people who filed applications during this time?

It is unlikely they will, however, we cannot be sure. 

[Narayanan S]

I am filing for AOS based on an approved I-140, under Alien Worker (H1B). My wife and child are applying with me. They are in H4 status. Do I need to submit I-864 for them?