Seventh Circuit Keeps Public Charge Rule Alive

On November 4, the U.S. Seventh Circuit Court of Appeals issued an administrative stay the day after a Federal District Court ruled that the Public Charge Rule violated the Administrative Procedures Act (APA). As such, Form I-944 must continue to be filed with eligible green card applications and the Public Charge Rule remains in effect for applicants. Form I-944 is the Declaration of Self-Sufficiency, which is an 18-page form that requires information and evidence of the applicant’s assets, liabilities, health insurance coverage, credit score, public benefit receipt, education, and English language skills. The purpose to the application is to determine if an individual is inadmissible to the U.S. on the public charge ground. The application requires invasive and voluminous documents, which could delay the green card process for applicants.

Please check this page often for further updates on the Public Charge Rule, as courts have impacted its implementation frequently over the last year. A final decision on whether the rule is lawful may be decided by the U.S. Supreme Court.