NPZ Immigration Law Blog

On August 12, 2020, the Second Circuit Court of Appeals limited a lower court nationwide injunction on the DHS public charge rule only to Vermont, Connecticut, and New York. 
 
As of August 14, 2020, USCIS has not provided updated guidance on the impact of the modified injunction on its Public Charge Injunction page which continues to discuss only the July 29th decision. Moreover, USCIS has not added the Form I-944 back to its Forms page. 
 
This creates significant uncertainty for members as to whether the Form I-944 is required to be filed at this time for applicants residing in states other than Vermont, Connecticut or New York.
 
It is important to note that the August 12, 2020, decision did not impact the July 29, 2020, district court order granting an injunction that enjoins the government from implementing, or taking any actions to enforce or apply, the 2018 FAM Revisions, the DOS public charge rule, or the President’s October 4, 2019, healthcare proclamation during the COVID-19 pandemic.