The DHS public charge rule is officially off the books, with a new final rule issued March 15, 2021, and effective March 9 removing the policy. After a decision by the Biden administration to stop defending the DHS public charge rule, all pending appeals were...
Public Charge
Public Charge Rule Will Soon Be Vacated
The Department of Homeland Security (DHS) has stopped defending the 2019 public charge rule following a review undertaken by the Executive Order. Appeals of decisions that invalidated or enjoined the updated public charge guidance have been dismissed by an unopposed...
Biden’s February 2021 Executive Order Alters the Public Charge Rule and Hints at More Reforms
A recent Executive Order makes one change to the current public charge inadmissibility framework and lays the groundwork for future changes within two months. The Executive Order affects both the Department of Homeland Security (“DHS”) and Department of State (“DOS”)...
Nationwide COVID-19 Injunction on the Public Charge Rule Stayed
The United States Court of Appeals for the Second Circuit has stayed a preliminary injunction against the Department of Homeland Security (DHS) applying its expanded public charge rule. Due to pending litigation around this issue, the expanded rule still cannot be...
USCIS’ Public Charge Rule is Back
The public charge rule has been subject to protracted litigation processes. Multiple federal court rulings from different circuits across the country add more confusion to the status of the public charge rule. This blog explains the impacts of a series of courts’...
Suspension of the DS-5540 Public Charge Test during COVID19
On July 29, 2020, the United States District Court for the Southern District of New York issued nationwide temporary injunctions related to the Department of Homeland Security's (DHS) and Department of State's (DOS) public charge rule in the Immigration and...
What is USCIS Public Charge Rule and Why Was It Suspended?
“Public charge” refers to a vaguely defined ground of inadmissibility that could stop someone from either entering the United States or receiving a green card. Essentially, it means that in an immigration case, the government decides that an applicant would likely...
Green Card Through Marriage Process 2020
You and your girlfriend have been dating for a while. You are thinking about getting married and starting a marriage-based green card case now. You wonder how to get your spouse a green card so that you can live together in the United States. What are the requirements...
Recent USCIS Denial or Rejection of Green Card Cases
You spent many hours preparing forms and documents, and then submitted a family-based green card case to USCIS. You have heard about the numerous, new requirements that have come out recently, such as the Public Charge rule, April 2020 Presidential Proclamation, and...
IRS Tax Transcript Requirement Under the Public Charge Rule and How to Obtain It.
If you plan to adjust status (obtain a green card) or apply for an immigrant visa, you will need to provide the government with tax documents for the most recent tax year. In some cases, you are required to obtain a tax transcript from the IRS and submit it instead of...