DHS to Implement Inadmissibility on Public Charge Grounds Final Rule Nationwide

WASHINGTON—U.S. Citizenship and Immigration Services
(USCIS) will implement the Inadmissibility on Public Charge Grounds
final rule (“Final Rule”) on Feb. 24, 2020 nationwide, including in
Illinois, following another judicial victory lifting the injunction in
that state.

In light of the U.S. Supreme Court’s Feb. 21, 2020 decision to stay
the statewide injunction preventing implementation of the Final Rule
issued by U.S. District Court for the Northern District of Illinois,
USCIS will now apply the Final Rule to all applications and petitions
postmarked (or submitted electronically) on or after Feb. 24, 2020. For
applications and petitions that are sent by commercial courier (e.g.,
UPS/FedEx/DHL), the postmark date is the date reflected on the courier
receipt.   

The Final Rule, published on Aug. 14, 2019 and originally scheduled
to go into effect on Oct. 15, 2019, prescribes how the Department of
Homeland Security will determine whether an alien is inadmissible, and
ineligible to adjust status to that of a lawful permanent resident in
the United States because the alien is likely at any time in the future
to become a public charge pursuant to section 212(a)(4) of the
Immigration and Nationality Act.

The Final Rule also addresses USCIS’ authority to issue public charge
bonds in the context of applications for adjustment of status. Finally,
the Final Rule includes a requirement that aliens seeking an extension
of nonimmigrant stay or change of nonimmigrant status demonstrate that
they have not received public benefits over the designated threshold
since obtaining the nonimmigrant status they seek to extend or change.