Federal Courts Prevent DHS Enforcement of Public Charge Regulation

Updated: Nov 3, 2019

This week, three federal district courts issued a preliminary injunction against the Department of Homeland Security from enforcing its public charge regulation, which was set to take effect on October 15, 2019.


DHS's public charge regulation sought to broaden USCIS authority to review factors that would determine whether a non-immigrant or immigrant visa applicant is likely to receive government assistance in the future. To do this, USCIS is seeking to include a variety of new questions on Forms I-129 and I-485 regarding an applicant's financial history and any prior use of government benefits.


So, what does this mean for you? Currently, Green card applicants will not need to submit extensive documentation regarding their personal financial circumstances as part of their applications. In addition, nonimmigrant visa applicants will not need to provide information regarding their use of government benefits on their applications.


Unfortunately, the preliminary injunction does not prevent the enforcement of the State Department's public charge regulation or the presidential proclamation. As a result, Adomat Immigration advises all clients to expect additional scrutiny while processing their applications at the US Consulates worldwide.


If you have any questions, please contact Ayla Adomat at ayla@adomatimmigration.com.



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