However, under an August 12, 2020, Second Circuit Court of Appeals ruling, this injunction, or prohibition, is limited to Vermont, Connecticut, and New York. Thus, under the Second Circuit’s ruling, USCIS will apply the old public charge guidance from 1999 in these three states.
In all other states and the District of Columbia, DHS may implement its new public charge rule. Because USCIS has not updated its website or issued any guidance since the Second Circuit’s ruling, it remains unclear whether—and if so, how—USCIS will implement the rule in states not covered by the August 2020 injunction or in the District of Columbia.
On August 7, 2020, DOS announced that it would comply with the July 2020 injunction and that revised guidance would be issued.
The August 2020 decision by the Second Circuit does not affect the July 2020 court order barring the implementation of the DOS public charge rule, as that is a separate matter. In addition, unlike the DHS injunction as it stands now (limited to Vermont, Connecticut, and New York), the DOS injunction applies regardless of location.
On February 24, 2020, the U.S. Department of Homeland Security (DHS) and the U.S. Department of State (DOS) implemented new public charge rules amending how the U.S. government will determine whether a person applying for admission to the United States, whether as an immigrant or non-immigrant, is inadmissible because they are likely at any time to become a public charge. As implemented, the new DHS public charge rule applied to all applications and petitions postmarked or submitted electronically on or after February 24, 2020, and the new DOS rule applied to all applications and petitions processed on or after that date.
This information is intended for educational purposes only. If you have questions about your eligibility for an immigration benefit, your immigration options, or how the public charge rule and associated court rulings might affect you, please contact Joseph & Hall at (303) 297-9171 to schedule a consultation with one of our experienced attorneys. If you are already a client of Joseph & Hall and have questions about your case, please contact your attorney to discuss your particular case.
Please stay tuned for continued updates via this website and our Facebook page throughout this time.
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