On the recent development, The Seventh Circuit Court of Appeals has allowed the Final Public Charge rule to go in effect (Cook County et al V. Wolf et al). USCIS has resumed implementing Public Charge Rule beginning November 4, 2020.

Previously, on November 2, 2020, Federal district Court had vacated the Final Public Charge rule nationwide on the basis that it violated the APA or Administrative Procedure Act.

In light of this recent development, applications for Adjustment of Status (Green Card/ Permanent Residence), extension of nonimmigrant status and change of status applications must be submitted with all applicable public charge forms (I-944/ I-864) and supporting documents.

Refugees, Asylees, Violence Against Women Act (VAWA), Certain T and U applicants are exempt from Public Charge ground of inadmissibility.

Final Public Charge was published on August 14, 2019 and it expanded the list of benefits considered when determining inadmissibility based on Public Charge ground of inadmissibility.

As per the order of the United States District Court for the Southern District of New York, the State Department continues to remain barred from enforcing its final public charge rule for foreign nationals applying for US Visas through consular processing (outside the United States). Applicants are not required to complete nor should they present the DS-5540, Public Charge Questionnaire.

Sources:

State Department

USCIS