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Supreme Court dismisses Public Charge Case

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  • Supreme Court dismisses Public Charge Case

    So we all must have heard the good news related related to supreme court dismissing the Public Charge Rule. If there is anyone expert on this, please explain as per below:

    1. What do it mean when SCOTUS has dismissed the case?
    2. Public Charge Rule is no more applicable? (I-944)
    3. What if someone has already filed for the I-485 and included I-944, would I-944 be discarded?
    4. Is I-944 in place or has it been diacarded?

  • #2
    I am assuming they are just not going to take it under consideration for the ones that have submitted, considering thats what they did in the past when the rule was taken away.

    Comment


    • #3
      I imagine you need to keep submitting it until USCIS tells you otherwise.

      Comment


      • #4
        Basically, the supreme court dismissed the case concerning the self sufficient form I-944. Acting solicitor general Elizabeth Prelogar told the justices that both sides had agreed that the challenge brought by the former Trump administration should be dismissed, and the court did so! Having that said, that clears the way for the Biden administration to rescind the rule which makes it no longer valid., the rule will be blocked while the current administration continues its review process and decides what the new rule will be. Forms submitted already will more like be put in the trash.
        The USCIS website will probably be updated soon.

        These are amazing news.

        Me personally I was so worried about this form. This form wasn't about who uses benefits or what not, this form was a wealth test and we all know it!

        So relieved!

        My timeline so far:
        PD 06/30/2020. Chicago field office.

        -01/27/20: Same sex couple, married to USC.
        -06/29/20: Package I-130, I-130A, I-131, I-485, I-693, I-765, I-864, I-864 joint sponsor and I-944 sent via certified mail USPS.
        -06/30/20: Delivered by USPS and signed by Chicago lockbox T Thomas.
        -07/25/20: Checks cashed.
        -07/30/20: Text messages received with case confirmation numbers.
        -07/31/20: Received NOA's in the mail.
        -08/05/20: Received RFIE notification from USCIS for I-485, letter to follow via mail.
        -08/10/20: Received RFIE in the mail asking for my partner's pay stubs for the last 6 months and letter of employment.
        -09/18/20: Mailed out RFIE to Lee-Summit's office.
        -09/21/20: USCIS confirms they've received RFIE.
        -10/27/2020: Called USCIS regarding biometrics appointment not yet scheduled. USCIS send E-Request to Chicago FO.
        -11/10/2020: Immigration officer reaches out to me via phone call to explain the reason I haven't received a biometrics appointment, appointment will come eventually.
        -11/23/2020: USCIS files another E-Request for biometrics.
        -12/04/2020: USCIS confirms biometrics appointment has been scheduled and letter with details is in the mail already.
        -12/05/2020: Biometrics appointment scheduled for December 21st 2020.
        -12/21/2020: Biometrics taken.
        -12/22/2020: Biometrics applied to cases.
        -12/29/2020: Case is ready to be scheduled for an interview.
        -02/26/2021: Interview has been scheduled for March 31st 2021.

        NO EAD!

        Comment


        • #5
          You do not need to submit I-944 now when submitting I-485. See the note at the top of the I-485 page:
          On or after March 9, 2021, applicants and petitioners should not provide information required solely by the Public Charge Final Rule. That means that applicants for adjustment of status should not provide the Form I-944, Declaration of Self-Sufficiency, or any evidence or documentation required on that form with their Form I-485. Applicants and petitioners for extension of nonimmigrant stay and change of nonimmigrant status should not provide information related to the receipt of public benefits on Form I-129 (Part 6), Form I-129CW (Part 6), Form I-539 (Part 5), and Form I-539A (Part 3).
          If you filed an I-944 and your I-485 hasn't been adjudicated, the I-944 will be ignored when adjudicating I-485:
          If an applicant or petitioner has already provided such information, and USCIS adjudicates the application or petition on or after March 9, 2021, we will not consider any information provided that relates solely to the Public Charge Final Rule, including, for example, information provided on the Form I-944, evidence or documentation submitted with Form I-944, and information on the receipt of public benefits on Form I-129 (Part 6), Form I-129CW (Part 6), Form I-539 (Part 5), and Form I-539A (Part 3).

          This is my personal opinion and is not to be construed as legal advice.

          Comment


          • #6
            what do you mean by adjudicated?

            Comment

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