For the last nine (9) months beginning on February 24, 2020, the implementation of the new public charge rules has been halted at least two times on July 29, 2020 and November 2, 2020.
As of this writing, the public charge rules are in effect and are implemented by the U.S. Citizenship and Immigration Services for all immigrant visa applicants and certain non-immigrant visas.
Applicants for immigrant visas have been confused by press releases on whether public charge rule applies and if they have to submit the Form I-944 in their applications for adjustment of status.
Below is a summary of the result of litigation and court rulings on the issue of public charge. The annotation ON and OFF are written to indicate whether the public charge rule was in effect. (ON means that they are implemented and OFF means the rules are suspended)
The United States and the rest of the world are still facing the challenges of a global pandemic. The harsh public charge rules have discouraged several immigrants from applying for public benefits that could prevent them from contracting or treating those who are already afflicted with COVID-19. With the coming new administration, it is our hope that these new public charge rules be suspended for the greater good of the community and in the interest of promoting public health.
