October 15, 2019

On Friday afternoon, several Federal courts issued injunctions to block the implementation of the Department of 
Homeland Security's (DHS') new public charge rule, which was the subject of our News Flash from last Thursday. The injunction blocks the regulation from taking effect starting today, October 15, and for the foreseeable future while this lawsuit is decided. USCIS will not be allowed to enforce, apply, or treat as effective the new regulation, including using the new forms which were released last week. 

USCIS has updated its forms webpages to indicate it will continue to accept previous versions of all forms for filing until the injunctions are lifted or final decisions are reached in the cases.

Please also note that the Department of State (DOS) has published a separate Interim Rule which updates and aligns its public charge policies to the new DHS rule. That rule takes effect today and was not included in any of the lawsuits or injunctions. However, it has been reported that DOS has indicated the rule will not be implemented until a new form can be approved. Once implemented, these changes will impact the documentation requirements and visa application process for applications at U.S. embassies and consulates.

We will provide additional information regarding both public charge rules as they relate to our clients as it becomes available.
Please note that this News Flash is provided for informational purposes only.  It does not constitute legal advice and is not a substitute for consulting with an attorney.

The Attorneys at RSST Law Group