Change in Public Charge

[immquestion]

Hi

Does Biden president is going to change or reverse the public charge rule?

Thanks

[longee94]

While he pledged to remove it (you could have found that out by simply googling "Biden" Public Charge"), I doubt that the public charge rule will be an immigration priority for the incoming administration. I'd imagine they will be more focused on undoing the damage the current administration caused to DACA and asylum. It's also possible that given the amount of work they will have to do (getting rid of the border wall, family reunification etc) that getting rid of the public charge rule will fall by the wayside.

[ajih]

Yes I have read as well that unwinding the rules will be a process - so who knows when it it go off the books. But if applicant is from one of these states, then keep an eye - assuming USCIS does not challenge the stay - then the rule is dead??

Plaintiffs in the State of California case are California, the District of Columbia, Maine, Pennsylvania and Oregon. Plaintiffs in the State of Washington case are Washington, Virginia, Colorado, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, and Rhode Island.

Ninth Circuit Reinstates Bar on Public Charge for Several States; Government Response Awaited | Fragomen

[immquestion]

Yes I have read as well that unwinding the rules will be a process - so who knows when it it go off the books. But if applicant is from one of these states, then keep an eye - assuming USCIS does not challenge the stay - then the rule is dead??

Plaintiffs in the State of California case are California, the District of Columbia, Maine, Pennsylvania and Oregon. Plaintiffs in the State of Washington case are Washington, Virginia, Colorado, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, and Rhode Island.

Ninth Circuit Reinstates Bar on Public Charge for Several States; Government Response Awaited | Fragomen

Hi thanks

what you mean by "Plaintiffs in the State of California case are California, the District of Columbia, Maine, Pennsylvania and Oregon. Plaintiffs in the State of Washington case are Washington, Virginia, Colorado, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, and Rhode Island."

[ajih]

Hi thanks

what you mean by "Plaintiffs in the State of California case are California, the District of Columbia, Maine, Pennsylvania and Oregon. Plaintiffs in the State of Washington case are Washington, Virginia, Colorado, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, and Rhode Island."

My post had a link to the news article - it got removed. Need to figure out the rules of posting here. Google this term and you will see the article: "Ninth Circuit Reinstates Bar on Public Charge for Several States; Government Response Awaited | Fragomen"

But essentially the decision from Ninth Circuit on Dec 2nd stays the Public Charge rule for residents of these states. But as of today what that will mean practically is not clear. USCIS has not provided updated guidance on what they will do. As per the article they have the choice to appeal it or implement the stay and have not decided yet.

With the Biden administration imminent and their position, I am hoping USCIS will not appeal the stay. We need to stay tuned until USCIS decides what (post updated guidance or appeal).