USCIS recently announced that the Form I-944, Declaration of Self-Sufficiency and any information and documentation required as part of the form are no longer required in response to a recent U.S. Supreme Court decision not to review the 7th Circuit case of Cook County, Illinois and Illinois Coalition for Immigrant and Refugee Rights v. Wolf.  This led to the dismissal of the case on March 9th and ultimately USCIS’ rescission of the previously required I-944 form.

Note that several USCIS forms, including the I-129 and I-485 forms still have language on the form that was changed due to the Public Charge requirement so USCIS has indicated that in the meantime no applications will be rejected for leaving these sections blank.

USCIS will continue to apply the public charge inadmissibility statute in accordance with the 1999 Interim Field Guidance, which was in place before the Public Charge Final Rule was implemented on Feb. 24, 2020, to the adjudication of any application for adjustment of status.

For those issued a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) requesting information only required under the Public Charge Final Rule, including Form I-944, and the response is due on or after March 9, 2021, USCIS no longer requires this information.  However, we suggest that a response to the RFE or NOID is sent to USCIS indicating that the form is no longer required.  The applicant should respond to any other reasons for the RFE or NOID.

Should you wish to apply for U.S. Lawful Permanent Residency, please contact an attorney with the Immigration Practice group at Fox Rothschild to discuss your eligibility.

Mr. Harley is a Partner in the Immigration Practice Group at Fox Rothschild LLP.  Mr. Harley’s practice covers the United States and Consulates worldwide.  Mr. Harley is based in our Pittsburgh, Pennsylvania office.  He can be reached at mharley@foxrothschild.com or at 412-391-2418.