Form I-944 Discontinued as of March 9, 2021

On March 9, 2021 the Department of Justice dismissed all pending appeals defending the 2019 Public Charge Final Rule. In response, USCIS discontinued application of the Public Charge Final Rule to all pending applications and petitions that would have been subject to the rule effective immediately. Note that this update does not apply to the public charge inadmissibility statute, including consideration of the statutory minimum factors in the totality of the circumstances, in accordance with the 1999 Interim Field Guidance, which is still in effect.

How does this impact your pending petition or application?

If you file an Adjustment of Status Petition on after March 9, 2021 you should not submit the Form I-944, Declaration of Self-Sufficiency, or any evidence or documentation required in furtherance of the Public Charge Final Rule with 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 an applicant or petitioner has already provided such information, and USCIS adjudicates the application or petition on or after March 9, 2021, USCIS will not consider any information provided that relates solely to the Public Charge Final Rule.

What if you received an RFE or NOID pertaining to the Public Charge Final Rule?

If you received a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) requesting information that is solely required by the Public Charge Final Rule, including but not limited to Form I-944, and your response is due on or after March 9, 2021, you need not provide the information solely required by the Public Charge Final Rule. However, you are still required to respond to the aspects of the RFE or NOID that otherwise pertain to the eligibility for the immigration benefit sought.

Note: If USCIS requires additional information or evidence to make a public charge inadmissibility determination under the statute and consistent with the 1999 Interim Field Guidance, it will issue a subsequent RFE or NOID.

What if you already submitted Form I-944 or responded to public benefits questions on Form I-129, Form I-129CW, Form I-539, or Form I-539A?

Until USCIS has released additional guidance regarding the use of affected forms, they will not reject any Form I-485 on the basis of the inclusion or exclusion of Form I-944, and will not reject Form I-129, Form I-129CW, Form I-539, or Form I-539A based on whether the public benefits questions (Form I-129 (Part 6), Form I-129CW (Part 6), Form I-539 (Part 5), and Form I-539A (Part 3) have been completed or left blank.