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Green and Spiegel U.S. Blog

Mar 10, 2021

The End of the Public Charge Rule

The Biden Administration announced it will no longer support or defend appellate challenges to theUnited States Citizenship and Immigration Service’s (“USCIS”) public charge rule. The public charge rule, previously announced by USCIS in 2019, states that a foreign national may be denied admission to the United States or adjustment of status to that of a Lawful Permanent Resident if they have received government-issued public benefits such as cash or medical assistance. The rule was clearly a thinly veiled attempt by the prior administration to deny immigration benefits to low-income individuals.

Feb 23, 2021

Supreme Court to Hear Challenge to “Public Charge Rule”

On February 22, 2021, the Supreme Court agreed to hear arguments and determine the legality of the Trump Administration’s immigration rule that bars individuals from receiving residency if they previously received public benefits. The rule is commonly referred to as the “public charge rule.” Legal challenges to the rule have wound their way through the federal court system and now the final decision about the validity of the public charge rule rests with the Supreme Court. Learn more in this blog.

Oct 11, 2019

USCIS Oversteps On Demand For Personal Income Information In New, Form I-944 Relating To “Public Charge”

Beginning October 15, 2019, all applicants for adjustment of status will be required to file a new, Form I-944, Declaration of Self-Sufficiency with the United States Citizenship and Immigration Service (USCIS). USCIS has instituted this new form in order for individuals applying for permanent residence to demonstrate that they are not likely be become a “a public charge” pursuant to INA § 212(a)(4). Learn more in this blog.